After days of debate, the U.S. Senate is scheduled early next week for a final vote on the Laken Riley Act, a bill that would empower law enforcement to detain any illegal immigrants accused of theft-related crimes or assaulting law enforcement.
The Senate voted Friday to advance the measure for a final vote, which could come as soon as Monday.
The legislation also would allow states to sue federal officials who violate or refuse to enforce immigration law, and individual Americans to sue the government for financial harm over $100 directly wrought by migrants.
“I don’t think it’s a radical concept to be able to say Americans don’t want someone to come into their country illegally and take their stuff,” U.S. Sen. James Lankford, R-Okla., said Wednesday. “Why this is even a challenge to be able to pass this, I have no idea.”
Both Republicans and Democrats had proposed amendments to the original legislation throughout the week.
One of the amendments, introduced by U.S. Sen. John Cornyn, R-Texas, expanded the bill to include illegal immigrants who attack law enforcement, not just those accused of theft-related crimes, per the original legislation. The amendment passed, 70-25, on Wednesday night.
Another proposal introduced Sen. Chris Coons, D-Del., would have removed the provision enabling states to sue the federal government for failing to carry out immigration law. Coons argued his amendment would prevent frivolous lawsuits against the federal government.
That amendment failed Wednesday night after receiving 46 yeas and 49 nays.
The House already approved the measure, but because amendments were added in the Senate, the House would have to take one final reconciliation vote.
The Laken Riley Act is named after a University of Georgia nursing student murdered in February 2024 by Venezuelan national Jose Antonio Ibarra, who had a prior record of shoplifting in the U.S. but was released from law enforcement custody before committing the murder.
Many Democrats have objected to specifics of the bill, claiming it violates due process laws by applying mandatory detention statutes on people who are only charged with, and not convicted of, committing crimes.
They also oppose the lack of exceptions for minors, as well as the anticipated strain on Immigrations and Customs Enforcement detention facilities.
“Existing law gives ICE discretion to detain undocumented immigrants on a case-by-case basis. ICE assesses each case individually, so the agency’s limited resources are used effectively,” said Senate Democratic Whip Dick Durbin, D-Ill.. “But the Laken Riley Act, as currently written, would eliminate ICE’s discretion to prioritize the detention and deportation of dangerous individuals.”
U.S. immigration law already requires that migrants illegally entering the United States be detained and usually deported, even if they are not charged with additional crimes. ICE has not always been able to enforce the law in recent years due to certain immigration parole and sanctuary policies from the Biden administration.
