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Republicans in Congress are moving toward reshaping U.S. immigration policy with a harsh immigration detention law, The Laken Riley Act. This bill requires the Department of Homeland Security (DHS) to detain non-citizens who have been arrested for nonviolent crimes including burglary, theft, larceny, or shoplifting of $100 or more. It also empowers states to sue the federal government for decisions or alleged failures related to immigration enforcement. As it moves through the legislative process, this act is poised to bring a new era of tougher immigration enforcement, expand state powers, and provoke debates about the balance of power between state and federal governments.
Named after Laken Riley, a 22-year-old nursing student tragically murdered in Athens, Georgia, by Jose Ibarra, a Venezuelan immigrant, the bill has sparked both strong support and deep controversy. Ibarra had been apprehended by Border Patrol but released before the incident. Ibarra had a history of being in the U.S. unlawfully, and his release ignited a fierce public outcry. Riley’s family, along with supporters of tougher immigration enforcement, championed the cause for more stringent measures to prevent similar incidents.
In the 119th Congress, which just began on January 3, 2025, the House has swiftly passed the Laken Riley Act. The bill was passed on January 7th with 264 Yeas from 216 Republicans and 48 Democrats after being introduced by Rep. Mike Collins (R-GA-10). The bill was sent to the Senate the next day drawing an unusual amount of support from Democratic Senators. John Fetterman (D-PA) and Senator Ruben Gallego (D-AZ) have both co-sponsored the bill.
Looking deeper into the Laken Riley Act, the bill mandates that anyone in the country unlawfully who is accused of stealing items worth $100 or more be taken into custody by Immigration and Customs Enforcement (ICE), regardless of their criminal history. Currently, immigration officials exercise discretion when deciding whom to detain, focusing primarily on those with violent criminal backgrounds. However, this bill would limit that discretion, potentially increasing the number of people detained for non-violent offenses. This could overwhelm detention facilities already struggling with capacity.
This shift from federal control to state oversight is a pivotal moment in immigration law, as it allows state officials to directly influence federal immigration policy, granting states the power to challenge U.S. foreign policy, specifically when it comes to deportation.
The bill will next be debated in the Senate, where Majority Leader John Thune (R-SD) will decide which amendments to consider. With the Senate facing a 60-vote threshold to advance the bill, its future remains uncertain, especially considering the divide among Senate Democrats. However, with the backing of several prominent Democratic Senators, there is a strong possibility that the bill could pass the Senate and make its way to President-elect Donald Trump’s desk.