Washington—— The Senate is likely to vote on Tuesday on the Laken-Riley Act, a Republican-led bill that would provide for federal detention of immigrants charged with minor crimes and give states broad law enforcement powers.
The bill passed the House earlier this month, becoming the first bill to pass the new Republican-controlled Congress, and advanced in the Senate with strong Democratic support.
Progress on the bill shows that more Democrats are willing to consider conservative immigration policies after losing voter support on border security, a front-line issue in November's presidential election.
Immigrant rights groups and other opponents warned the bill would violate due process rights and be extremely costly to the federal government.
The bill is named after Laken Riley, a 22-year-old nursing student who was murdered last year in Athens, Georgia, by a Venezuelan immigrant who entered the United States illegally in 2022. Like many immigrants, Border Patrol agents released him with permission to temporarily stay in the country.
Jose Antonio Ibarra, 26, had previously been cited in Georgia for misdemeanor shoplifting at Walmart and in New York for operating a scooter without a license and with an unhelmeted child. catch. Supporters of the bill said federal authorities should have detained Ibarra after he was charged with the crimes.
In November, Ibarra was found guilty of murder and sentenced to life in prison without the possibility of parole.
Allison and Riley's mother and stepfather, John Phillips, wrote in a statement that the bill has their full support.
"Laken will be 23 years old on January 10," they wrote. “There is no greater gift to her and our country than to continue her legacy by saving lives through this bill.”
The Laken-Riley Act has three important provisions: It requires the detention of immigrants convicted of certain crimes; it authorizes state governments to sue the federal government over its treatment of individual immigrants; and it gives states the power to require the State Department to stop providing services to immigrants who refuse to accept them. The country to which the deported national is being returned issues a visa.
“If you enter the United States illegally and then choose to commit crimes against Americans on U.S. soil — whether against persons or property — then you should be at the forefront when it comes to detention and deportation,” said Senator Katie. Britt (R-Ala.) wrote on X.
The bill would require immigration agents to detain people arrested for burglary, theft, theft or shoplifting. It would overturn the current discretionary authority of federal officials to prioritize detaining people with violent criminal records.
The legislation requires detention if a person is charged with a theft-related offence. This means someone could be deported before they have a chance to defend themselves in court.
The bill also gives state attorneys general the power to sue the federal government for alleged mishandling of detainees, overturning the federal government's long-standing broad authority over immigration matters. State officials can ask courts to direct immigration agencies to track people who are released.
Countries will also have the power to intervene in U.S. foreign policy matters. Some countries refuse to accept their own citizens that the United States seeks to deport. The bill would allow state attorneys general to sue the State Department to stop issuing visas to any country that refuses to accept deportations.
Opponents say the law would lead to chaos in federal courts and separate long-term residents from their U.S. citizen family members as they are detained indefinitely.
“I don’t think people understood what the bill was when they co-sponsored it,” said Kerri Talbot, executive director of the Immigration Center, an advocacy group that works with Congress on policy.
Jason Houser, who served as chief of staff for Immigration and Customs Enforcement from 2021 to 2023, said the legislation would force federal agencies to divert manpower away from the most dangerous criminals.
"If this bill passes, you're going to see fewer violent offenders in custody than you do now," he said, noting that the federal government has limited resources, detention beds and staff.
Immigration and Customs Enforcement said it would need more than $3 billion to detain the 60,000 people it identified as eligible under the bill.
Aaron Reichlin-Melnyk of the left-leaning American Immigration Council said the visa rules raise serious constitutional and international relations concerns and could have broad consequences for the U.S. economy.
“You could see (Texas Attorney) Ken Paxton filing a lawsuit to block all H-1B visas from China. You could see someone trying to block all commerce from India Tourism,” Reichlin-Melnyk said. “The power of 677 different federal district court judges across the country to order the secretary of state to impose sweeping visa bans on other countries could upend our system of government, giving states and judiciaries greater authority over diplomacy and immigration than others power of the federal government itself. "
The Laken-Riley Act passed the House last week by a vote of 264 to 159, with the support of 48 Democrats. They include seven Democrats from California, including Reps. George Whitesides (D-Agua Dulce), Adam Gray (D-Merced) and Derek Tran (D-Garden Grove), who overturned A seat previously held by Republicans.
Senators voted 82-10 on Monday to consider the measure. California Sens. Alex Padilla and Adam B. Schiff, both Democrats, did not vote.
Padilla said in an interview with NBC on Sunday that he would vote against the bill in its current form.
"This opens the door to the detention and deportation of people who are merely charged but not convicted," he said. "That includes minors, including Dreamers, who stole a pack of bubble gum from a store. There has to be more focus on things like this legislation."
When the bill was first introduced in the House of Representatives last year, it passed 251 to 170, with 10 fewer Democrats supporting it. The Senate, which held a slim majority at the time, refused to consider the bill.
On Monday, Senate Minority Leader Charles E. Schumer said he hoped for a robust debate and improvements to the bill.
"Americans should seriously discuss this issue, including considering amendments from the Democratic side," he said. "We will ask our Republican colleagues to allow the amendment to be debated and voted on."