Senate Approves Laken Riley Act as First Legislation After Trump Inauguration
President Donald Trump is now a step closer to enacting new immigration policies after the Republican-majority U.S. Senate approved the Laken Riley Act, marking it as the first legislative measure to clear the upper chamber in the new Congress.
The bill was passed with a 64-35 vote, with all Republicans and 12 Democrats supporting the measure.
Given immigration's prominence as a key issue for Trump and a potent argument against Democrats in the upcoming election, Republicans prioritized the bill. It mandates federal detention for undocumented immigrants charged with crimes such as theft and burglary.
"This legislation will ensure that illegal aliens who steal or assault a law enforcement officer are detained by Immigration and Customs Enforcement instead of being allowed out on the streets," Senate Majority Leader John Thune (R-S.D.) stated before the vote. "I’m looking forward to getting this legislation to the president’s desk."
The Democratic senators who backed the bill include John Fetterman (Pa.), Ruben Gallego (Ariz.), Maggie Hassan (N.H.), Mark Kelly (Ariz.), Jon Ossoff (Ga.), Raphael Warnock (Ga.), Gary Peters (Mich.), Jacky Rosen (Nev.), Catherine Cortez Masto (Nev.), Jeanne Shaheen (N.H.), Elissa Slotkin (Mich.), and Mark Warner (Va.).
The legislation is named after Laken Riley, a college student who was tragically murdered in Athens, Georgia, nearly a year ago by a Venezuelan immigrant who had previously been released after being detained for shoplifting.
Furthermore, an amendment introduced by Sen. Joni Ernst (R-Iowa), called Sarah’s Law, was approved in a 75-24 vote on Monday before the bill’s final passage. This amendment broadens the bill to include the detention of undocumented immigrants accused of crimes that result in death or severe bodily harm.
Sarah's Law is named after Sarah Root, who died in a 2016 car crash caused by an undocumented immigrant who later posted bail and fled the country.
The only Democratic amendment considered aimed to remove a provision granting state attorneys general the authority to sue federal immigration officials over detentions.
Democrats voiced concerns about the financial implications of the bill and provisions allowing Immigration and Customs Enforcement to detain migrants upon arrest rather than conviction. They also raised objections to the expanded powers given to state attorneys general.
The Department of Homeland Security has estimated that the implementation of the bill would require nearly $27 billion in the first year alone, raising questions about its feasibility given limited resources.
Before reaching Trump’s desk, the legislation must now gain approval in the House.
Although the House had earlier passed a version of the Laken Riley Act with the support of 48 Democrats, the Senate approved a modified version, meaning it must go through another vote in the lower chamber.
The bill has also caused division among Senate Democrats, with two members telling The Hill they were involved in "intense" internal discussions on the matter.
Support from lawmakers in battleground states posed a challenge for Democratic leadership, weakening their negotiating position.
"I've spent a lot of energy trying to show how Democrats care deeply about border security," Senator Chris Murphy remarked. "I just think we’ve got to be engaged in a collective exercise to prove to the American people that we care more about border security than they do — but do that on our terms, not their terms."
The passage of this bill comes after years of Republican criticism of the Biden administration's handling of the U.S.-Mexico border and the influx of migrants.
Democrats had attempted to address immigration concerns with a bipartisan proposal involving Murphy and other lawmakers, but it failed to make a substantial impact ahead of the elections.