Laken Riley Act sparks debate among Las Vegas Valley community

LAS VEGAS, Nev. (FOX5) - The Laken Riley Act expands detention for undocumented immigrants, including those accused – but not convicted – of low-level crimes like shoplifting.

“It really breaks new ground in depriving people of the most basic right to be heard and to get a day in court about whether they should be locked up just because they’re an immigrant,” said Director of the Immigration Clinic at UNLV, Michael Kagan.

Supporters of the bill say it helps remove individuals who could pose a threat. Nevada Sen. Catherine Cortez-Masto, who was among the democrats who voted in favor, saying “for the small number who commit crimes, the American people expect consequences.”

But critics argue it leaves little room for due process.

“One of the differences for immigrants is there’s no latitude to make a mistake and then learn from it and grow-up and live a great life,” Kagan said. “Most of us are able to make mistakes or consequences for mistakes, but for immigrants there’s just no margin of error.”

Kagan explains as a law professor, he’s seen students make mistakes whether it’s a bad decision or a run in with the law – but for immigrants, those mistakes don’t just fade away.

“No matter what else you’ve done, you could cure cancer, you could be found a successful company employ other people, build a great family. But if just at one point in your life you were even accused of the lowest level theft defense – indefinite detention.”

Elias Benjelloun is one of an estimated 11 million undocumented immigrants in the U.S. He came to America when he was just two years old from the Netherlands. His case remained pending for 19 years before he learned he was undocumented. Now like millions of others, he navigates life without legal status.

“Whether America sees it that way or not, I feel as American as anybody else, you know, my community recognizes me as an American” Benjelloun said.

Despite being undocumented, Elias says he doesn’t let his status hold him back. He was a youth pastor, became the youngest student body president at UNLV, and mentors small business owners helping startups access technology. But every achievement comes with a constant reality – living carefully

“If a U.S. citizen gets a DUI, they have a chance at rehabilitation but if somebody who’s undocumented, gets a DUI, they’re likely to be deported,” Benjelloun said.

Elias says he’ll continue hoping for a pathway to citizenship but for now he will continue to push forward despite the challenges he faces.