The immigration landscape in the United States has undergone a seismic shift as we move into 2026. For many years, the primary concern for immigrants in Pennsylvania facing minor criminal charges was the potential for a small fine or a short period of probation. Today, that reality has vanished. With the full implementation of the Laken Riley Act (Public Law 119-1), the stakes have been raised to an unprecedented level. At Santee Law Offices, we have seen firsthand how these changes are tearing families apart. We believe it is our duty to ensure you understand exactly how a single mistake in a Pennsylvania retail store can now lead to indefinite federal detention.
The Laken Riley Act was signed into law early in 2025, and its impact is now being felt in every corner of our Commonwealth. This law does not just target individuals with long criminal histories. Instead, it creates a requirement for Laken Riley Act mandatory detention for almost any immigrant accused of theft related crimes. This includes shoplifting, larceny, and burglary. What makes this law particularly dangerous is that it does not require a conviction to trigger federal intervention. A simple arrest or a formal charge is often enough for Immigration and Customs Enforcement (ICE) to take custody without any possibility of a bond hearing.
The New Definition of Mandatory Detention in 2026
Before this law took effect, ICE officers often had a certain level of discretion. They could choose whether or not to pursue an individual based on the severity of their crime and their ties to the community. That discretion has been largely stripped away by the federal government. Under the current mandate, the Attorney General must take into custody any non-citizen who is inadmissible and has been charged with or convicted of a theft offense. This specifically impacts those who entered without inspection, those with pending asylum cases, or those who lack valid entry documents.
This means that if you are present in the United States without a valid visa or if you are in the process of adjusting your status, you are at extreme risk. If a local police officer in Philadelphia or Montgomery County arrests you for a minor retail theft, the crimmigration trap snaps shut. Because the law classifies these as mandatory detention offenses, you may be transferred to a federal processing center before you even have a chance to post bail for the underlying criminal charge. We have seen cases where individuals were prepared to fight their criminal case in state court, only to be whisked away by ICE before their first hearing.
Why Pennsylvania Shoplifting Charges are a Federal Gateway
In Pennsylvania, retail theft is governed by 18 Pa. C.S. § 3929. Traditionally, a first-time offense for shoplifting an item of low value was handled with a citation or a summary trial. Many people viewed it as a nuisance rather than a life-altering event. However, under current federal enforcement, the government does not distinguish between a high-value burglary and a low-value shoplifting incident when it comes to the requirement for detention.
If you are a non-citizen, a shoplifting charge is now a direct path to an ICE detainer. We must emphasize that Laken Riley Act mandatory detention means exactly what it says: you cannot ask an immigration judge for a bond. You are required to remain in a detention facility for the entire duration of your removal proceedings. These proceedings can often last for many months or even years. The psychological and financial toll on a family when a breadwinner is detained without the possibility of release is immense. This is why we argue that there is no such thing as a minor charge anymore.
The Bare Accusation Trap
One of the most controversial and frightening aspects of the new law is the fact that it applies to individuals who have merely been accused of a crime. In the American criminal justice system, we hold the principle that a person is innocent until proven guilty. This act creates a dangerous exception for immigrants. Under this law, a person does not need to be found guilty in a court of law to be subjected to mandatory immigration detention.
If a store security guard makes a mistake and accuses you of taking an item, and the police decide to file charges, that accusation is enough to trigger the federal mandate. Even if the charges are later dropped or you are found not guilty, you may have already spent months in an immigration detention center. We have seen this bare accusation trap catch hardworking people who were simply in the wrong place at the wrong time. This is why having an attorney who understands both criminal and immigration law is no longer a luxury; it is a necessity for survival.
The Power of States to Sue
The law also includes a provision that allows state attorneys general to sue the federal government if they believe the Department of Homeland Security is not enforcing these detention requirements strictly enough. This has created a political climate where ICE is under constant pressure to maximize arrests and detentions. In Pennsylvania, we have seen an increase in cooperation between local law enforcement and federal agents because of this very pressure.
This environment makes it much harder for us to negotiate immigration-safe plea deals without aggressive and early intervention. If the federal government is worried about being sued by state officials, they are much less likely to show leniency in individual cases. We understand the pressure you are under, and we know how to navigate these high-stakes political waters to protect your rights.
How Santee Law Offices Fights Back
At Santee Law Offices, we do not believe that an accusation should define your future in this country. With over 25 years of trial experience, David Santee has the boots on the ground experience needed to challenge these aggressive enforcement tactics. We approach every case with a two-pronged strategy that addresses both the criminal courtroom and the immigration hearing.
First, we focus on the criminal charges. If we can get the theft charges dismissed or downgraded to a non-theft offense early in the process, we can often break the chain of Laken Riley Act mandatory detention. We use our deep knowledge of Pennsylvania criminal procedures to fight the underlying allegations. Because the federal law relies so heavily on the specific nature of the charge, the way your criminal defense is handled can mean the difference between staying with your family and being deported.
Second, we challenge the federal detention itself. While the law attempts to mandate no-bond detention, there are still constitutional protections and procedural hearings. We can pursue what is known as a Joseph hearing, where we argue that the government has not met its burden to prove you are actually subject to mandatory detention. We are not afraid to take on the federal government to ensure that our clients are treated with the dignity and fairness they deserve.
The Importance of a Crimmigration Specialist
The term crimmigration refers to the complex intersection of criminal law and immigration policy. Most criminal defense lawyers do not understand the immigration consequences of the pleas they negotiate. Conversely, many immigration lawyers never step foot in a criminal courtroom. At Santee Law Offices, we bridge that gap. We know that a good deal in criminal court (like a guilty plea with no jail time) can be a death sentence for your immigration status.
We meticulously review every piece of evidence to find weaknesses in the prosecution case. We understand that in this new era of enforcement, your defense must be proactive. You cannot wait until ICE shows up at your door to hire a lawyer. You need a team that is ready to move the moment an arrest occurs. Our goal is to keep you out of the detention-to-deportation pipeline by winning the battle in the local courthouse.
Protecting Your Future in 2026
As we look toward the challenges of the coming year, we want you to know that you are not alone. The laws may have become more harsh, but our commitment to our community has never been stronger. We have spent decades building a reputation for creative solutions and compassionate representation. We understand that for you, this is not just a legal case; it is your life, your family, and your American dream.
If you or a loved one is facing any kind of theft or shoplifting charge in Pennsylvania, do not wait. The clock starts ticking the moment the police are called. Every hour that passes without an experienced attorney increases the risk that ICE will issue a detainer. We are here to provide the aggressive, localized defense you need to stay in the country you call home.
Protect Your Family’s Future: Speak With a Pennsylvania Crimmigration Attorney Today
Do not let a minor charge turn into a major tragedy for your family. The Laken Riley Act has changed the rules, and you need a law firm that knows how to play by the new standards and win. We provide the personal attention and trial-tested experience you need during this crisis. Whether you are in Philadelphia, Media, Allentown, or the surrounding counties, we are ready to fight for you.
Call us today to schedule a consultation. We will sit down with you, review the facts of your case, and build a defense strategy designed to keep you out of mandatory detention. We have spent decades defending the rights of our clients in Pennsylvania, and we are prepared to use every legal tool at our disposal to protect your future. Your freedom is too important to leave to chance. Contact us now and let us start working for you.
Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.