The Laken Riley Act: Key Provisions and Congressional Support
The Laken Riley Act, a bill aiming to shift some federal immigration enforcement responsibilities to states and tighten immigration detention, is advancing through Congress.
The House passed the Act on Tuesday, garnering support from 216 Republicans and 48 Democrats. The Senate is currently reviewing the legislation, which has surprisingly drawn bipartisan backing. Democratic Senators John Fetterman (Pennsylvania) and Ruben Gallego (Arizona) are co-sponsors of the Senate version, and a full Senate vote could occur as early as Friday.
Key provisions mandate the arrest and detention of undocumented immigrants suspected of theft exceeding $100. The bill significantly expands state attorney generals’ influence over federal immigration policy, granting them the authority to sue the federal government to secure the detention of specific immigrants and to pressure the State Department to deny visas from uncooperative nations.
This 8-page bill is named for Laken Riley, a 22-year-old nursing student murdered last year in Athens, Georgia, by Jose Ibarra, an undocumented Venezuelan immigrant previously apprehended and released by Border Patrol. Ibarra received a life sentence without parole for Riley’s murder in November.
Here’s a summary of the bill’s contents.
Mandatory detention for immigrants suspected of theft
Upon passage and presidential signature, the bill would alter federal handling of undocumented immigrants suspected of theft exceeding $100, including shoplifting. The Department of Homeland Security secretary would be required to detain such individuals.
Currently, immigration officials prioritize detaining individuals with violent criminal histories. This bill would override that discretion. Jason Houser, former ICE chief of staff (2021-2023), stated the bill would hinder ICE operations, potentially adding 20,000 individuals to an existing capacity of around 41,000, diverting resources from targeting more dangerous criminals. He predicts a decrease in the detention of violent offenders.
The bill also affects legal immigration, potentially rendering individuals inadmissible to the U.S. if arrested for, or admitting to, theft or shoplifting, even with a valid visa, before judicial review.
State attorneys general could sue to detain immigrants
The bill empowers state attorneys general to sue the federal government regarding its handling of undocumented individuals, potentially compelling the arrest and detention of those previously released. Rep. Mike Collins (R-GA), the bill’s House sponsor, explains this as allowing state attorneys general to seek court orders against the Secretary of Homeland Security for injunctive relief addressing perceived harms.
Historically, the President and federal government held broad immigration authority. This bill shifts that balance, granting state attorneys general the power to overturn federal immigration decisions. Critics, such as Aaron Reichlin-Melnick of the American Immigration Council, argue this change has far-reaching, unconsidered consequences.
States could block visas from uncooperative countries
The bill extends state influence to U.S. foreign policy. The refusal of some countries (including Nicaragua, Honduras, Brazil, India, Russia, and the Democratic Republic of the Congo) to accept deportees is addressed by allowing states to sue the State Department to halt visa issuance from such nations.
Reichlin-Melnick criticizes this as placing the immigration and visa processes under the control of state courts.
Congressional support
The House passed the bill with unanimous Republican support and 48 Democratic votes. In the Senate, 31 Democrats joined Republicans to advance the bill, with only nine Democrats opposed. Senators Fetterman, Gallego, Mark Kelly (AZ), Gary Peters (MI), Jacky Rosen (NV), and Elissa Slotkin (MI) are among the bill’s supporters.
Senate Minority Leader Chuck Schumer supported advancing the bill for amendment consideration. Senate Majority Leader John Thune will determine which amendments are debated before a final vote. President-elect Trump is expected to sign the bill if it reaches his desk in its current form.
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