Senate Passes Laken Riley Act to Expand Immigrant Detention

On Monday, the Senate voted 64 to 35 to pass the Laken Riley Act, a bill designed to enhance the federal capacity to detain immigrants residing in the U.S. illegally. This legislative measure sees bipartisan support, with 12 Democrats joining all Republicans in favor. It represents the first significant policy piece to emerge from the new Congress, having previously been approved by the House earlier this month before undergoing amendments in the Senate.

The Laken Riley Act is named in memory of a 22-year-old nursing student who was tragically killed by an undocumented Venezuelan immigrant last year. This legislation aims to extend mandatory detention to noncitizens who have been convicted of or charged with crimes like burglary, larceny, theft, or shoplifting, as well as those who confess to such offenses. Furthermore, the bill would allow state attorneys general to take legal action against the federal government if they believe their states or residents are harmed by existing immigration policies.

Sen. Katie Britt, the Republican sponsor of the bill, emphasized its necessity and described it as a "targeted, common sense, life-saving bill." On the Senate floor, she stated the importance of addressing unlawful immigration coupled with criminal activity to protect the safety of American children.

While some Senate Democrats initially supported beginning discussions on the bill, many sought amendments to introduce changes. The Senate ultimately passed two Republican-supported amendments that broadened the scope of the bill to include further criminal behaviors warranting mandatory detention. In contrast, a proposed amendment by Democrats aimed at rescinding the provision that allows state attorneys general to sue was not successful, despite the backing of ten Democrats in the last procedural step.

Critics like Sen. Michael Bennet argued that the parameters for detention under the proposed law are excessively broad and do not take into account the age of the alleged offenders or their potential threat to public safety. Concerns have also been raised regarding Immigration and Customs Enforcement's ability to effectively implement the increased detention mandates without additional funding, as they are currently nearing capacity with the available detention beds.

Previously, a similar version of the Laken Riley Act had passed the House but failed to gain traction in the Democratic-led Senate. However, following the recent elections where immigration emerged as a pivotal issue, Democratic support for the legislation has increased, notably in the House, where 48 Democrats voted alongside Republicans this time, compared to 37 last year. As Republicans prioritize immigration in their 2024 election platform, Democrats have called attention to the collapse of a bipartisan border deal last year.