The House passed a bill on Tuesday that would target undocumented immigrants accused of nonviolent offenses for deportation, marking the beginning of a broader crackdown led by the Republican majority.
This move is part of a series of border security measures that align with President-elect Donald J. Trump’s promised border enforcement agenda.
The legislation gained support from 48 Democrats alongside all Republicans and appears to be on a clear path toward passage, having already garnered bipartisan backing in the Senate, which plans to take it up on Friday.
The bill is named after ‘Laken Riley’, a 22-year-old nursing student killed in Georgia last year by a migrant who had entered the US illegally. The migrant was arrested for shoplifting but not detained.
This quick action highlights how Republicans, bolstered by their governing majority set to take effect with Mr. Trump’s inauguration on January 20, are reviving several border security measures that stalled in the last Congress under Democratic control of the Senate.
These proposals include increasing deportations, holding asylum seekers outside the US, and withdrawing federal funding from cities that limit cooperation with immigration enforcement.
The bill, which passed with a bipartisan vote of 264 to 159, reflects a shift in some Democrats’ positions on immigration. Stung by their party’s losses in the November elections, some Democrats are reassessing their stances as they prepare for a more aggressive approach under the Trump administration.
Representative Tom Emmer of Minnesota, the No. 3 Republican, emphasized the significance of the bill, stating, “This bill is more than just a piece of legislation; it’s a return to common-sense American values. And under President Trump’s leadership, there will be a lot more where that came from.”
Senator John Fetterman, a Democrat from Pennsylvania, expressed support for the bill, noting, “I support giving authorities the tools to prevent tragedies like this one while we work on comprehensive solutions to our broken system.”
With 53 Republican-controlled Senate seats, Republicans need seven Democrats to support the bill for it to proceed to a vote. Democratic Senators Ruben Gallego of Arizona and Elissa Slotkin of Michigan, who were elected in November, previously supported the bill when they served as House members.
The bill would require federal authorities to detain undocumented immigrants charged with crimes such as burglary, theft, larceny, or shoplifting, expanding the list of offenses that could result in detention and deportation. The legislation aims to address cases like that of Jose Antonio Ibarra, a Venezuelan man sentenced to life in prison for killing Laken Riley after having been arrested for shoplifting.
“Right now, ICE is unable to detain and deport the illegal criminals who commit these minor-level crimes,” said Representative Mike Collins, Republican from Georgia and the author of the bill. “We need to get these people off the street. These criminals are getting bolder and bolder while our communities become more unsafe.”
However, many Democrats argue that the bill’s broad scope could lead to the wrongful detention of innocent individuals. Representative Pramila Jayapal, Democrat of Washington, raised concerns on the House floor, stating, “Unfortunately, there are countless real-life examples of people getting wrongfully arrested for crimes they didn’t commit. People deserve to have their day in court and are innocent until proven guilty. That seems to be something that the majority has forgotten or doesn’t seem to care about.”
Under current law, noncitizens convicted of at least two minor offenses are subject to potential deportation. This new legislation would also grant state attorneys general the power to sue the US attorney general or homeland security secretary if an immigrant, who was released after entering the country illegally, goes on to commit crimes that harm the state or its residents.
Democratic critics argue that this provision is unconstitutional and would give conservative state attorneys general undue influence over federal immigration policy. Representative Jerrold Nadler, Democrat of New York, criticized the provision, saying, “This appears to be a ham-handed attempt to circumvent recent Supreme Court rulings limiting state standing to sue the federal government over immigration enforcement matters.”
He was referencing the 2023 United States v. Texas decision, in which the Court ruled that state attorneys general could not challenge the Biden administration’s immigrant detention priorities.
Despite these concerns, Republicans defend the provision, insisting it is legally justified. Representative Tom McClintock, Republican of California, argued, “That is exactly what this bill does, by the book,” emphasizing that the bill follows the law as written and endorsed by the Court.
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