The newly passed Laken Riley Act may have repercussions for the H-1B visa program, according to a new report.
The bill, recently cleared by the U.S. Senate and awaiting President-elect Donald Trump’s signature next week, includes provisions aimed at addressing undocumented immigration. Among its key mandates is the detention of undocumented immigrants accused of minor, nonviolent crimes. Another contentious provision grants state attorneys general the authority to file lawsuits compelling the federal government to deny visas to individuals from countries refusing to accept deportees. This aspect of the legislation has drawn significant public criticism, but Republican lawmakers have remained steadfast in their support.
A report by The New Republic highlights concerns that this provision could be weaponized to undermine the H-1B visa program, which facilitates the entry of skilled foreign workers into the United States. The publication notes that the law’s language provides state attorneys general with the ability to influence visa policies significantly. “The weapon in question,” The New Republic states, “would authorize state attorneys general to bring lawsuits to force presidential administrations to deny visas to any particular country that isn’t accepting deportees.”
READ: Would Trump adopt more restrictive policies on business immigration? (January 10, 2025)
Critics fear this mechanism could be exploited to halt visa issuance to countries like India, which supplies a large number of high-skilled tech workers under the H-1B program. Steve Bannon, a prominent critic of the visa program and a key figure in Trump’s political orbit, has expressed his intent to use this provision strategically. According to New Republic’s Greg Sargent, Bannon remarked, “We’re definitely going to use it, and we’re going to get after attorneys general.”
Bannon pointed to figures such as Texas Attorney General Ken Paxton as potential allies in initiating lawsuits aimed at halting visas to specific countries. He suggested that under the new law, it would be feasible for a judge to order a suspension of visas for workers from nations like India.
Despite his endorsement of President Trump’s broader immigration policies, Bannon emphasized his willingness to mobilize this legal provision if the administration’s State Department fails to act decisively. “We certainly will call for state A.G.s to do this,” he affirmed, indicating a coordinated effort to leverage the law’s authority in reshaping immigration policies.
The H-1B visa program has become a focal point of a heated debate within the Republican Party. On one side, Bannon and the MAGA faction argue for stricter immigration controls, claiming that the program displaces American workers and suppresses wages. On the other side, Trump’s tech industry supporters, notably Tesla CEO Elon Musk, defends the program as crucial for preserving America’s global competitiveness and technological edge.
India has long been the primary beneficiary of the H-1B program, with Indian nationals consistently receiving over 70% of these highly sought-after visas.
The bipartisan Laken Riley Act, initially introduced and passed by the House last year, was reapproved by the House of Representatives on January 7, 2025.
Named after Laken Riley, a Georgia resident tragically murdered by an undocumented migrant with a prior shoplifting citation, the bill seeks to tighten immigration enforcement. It mandates that the Department of Homeland Security, through Immigration and Customs Enforcement (ICE), detain non-U.S. nationals who are “charged with, arrested for, convicted of, admit to having committed, or admit to committing” theft-related offenses.
Additionally, the legislation empowers states to take legal action against the federal government if they determine it has violated the bill’s detention and removal requirements, signaling a significant shift in the balance of immigration enforcement authority.