Fresh off President Donald Trump’s inauguration, the Senate on Monday passed a bill that would require federal authorities to detain migrants accused of theft and violent crimes, giving more weight to his plans to deport millions of migrants. It’s the first measure he likely will sign into law.
Trump has made a broad crackdown on illegal immigration his top priority, and Congress, with Republicans in control and the votes of some Democrats, is showing it is ready to follow suit. The bill passed 64-35, with 12 Democrats joining with Republicans voting in favor.
Passage of the Laken Riley Act — named after a Georgia nursing student whose murder by a Venezuelan man last year became a rallying cry for Trump’s White House campaign — was a sign of how Congress has shifted sharply right on border security and immigration. Passage came just minutes before Trump signed the first of his executive orders.
Trump is ending many of former President Joe Biden’s border and immigration programs, turning the United States away from the Democrat’s attempts at more humane immigration policies at a time when record numbers of people were sometimes arriving at the border with Mexico.
Swift action on immigration policy was proof of how Democrats were no longer resisting some strict enforcement proposals.
The bill cleared a key procedural vote in the Senate last week, also with support from Democrats, and similar legislation gained support from 48 House Democrats earlier this month.
The Republican-controlled House passed its version of the bill but will still need to take up changes made in the Senate. The Senate expanded the legislation to target immigrants who assault a police officer or are accused of crimes that kill or seriously injure someone.
The legislation would require federal authorities to detain migrants accused of crimes, including shoplifting, and would grant states new legal standing to challenge federal immigration decisions, including by immigration judges.
Critics of the bill say that provision will open the door for Republican state attorneys general to wage a legal battle against federal immigration decisions, injecting even more uncertainty and partisanship into immigration policy.
Deporting millions of migrants or enforcing the Laken Riley Act will largely depend on Congress’ ability to allocate roughly $100 billion that Republicans have proposed for border security and immigration enforcement. Republicans are debating how to approve that money through a process known as budget reconciliation that will allow them to get it through Congress purely on party-line votes.
That won’t be easy in the House, where Republicans hold the majority by just a few seats. They will also face intense pressure to balance their pledges to tame budget deficits and concerns about the economic effects, as well as the humanitarian impact, of mass deportations.
Currently, the Laken Riley Act has no funding attached to it, but Democrats on the Appropriations Committee estimate the bill would cost $83 billion over the next three years, according to a memo obtained by The Associated Press. U.S. Immigration and Customs Enforcement has estimated it would need to nearly triple the number of detention beds and conduct more than 80 removal flights per week to implement the requirements, according to the memo.
