The Republican-controlled House and Senate are pushing forward a significant legislative initiative that aims to delegate specific federal immigration enforcement roles to state governments, indicating a shift towards a more stringent immigration detention framework.
On Tuesday, the House passed the Laken Riley Act with the backing of 216 Republicans and 48 Democrats. The bill is now under consideration in the Senate, where it has surprisingly garnered support from some Democratic senators. Among its co-sponsors are Pennsylvania’s John Fetterman and Arizona’s Ruben Gallego. The Senate is scheduled to continue deliberations on this legislation on Monday.
This proposed legislation includes crucial measures that would require immigration officers to arrest and detain undocumented individuals suspected of committing minor thefts valued at $100 or more. Furthermore, it would significantly boost the powers of state attorneys general regarding federal immigration policies, allowing them to sue the federal government to enforce the detention of particular undocumented immigrants and compel the State Department to deny visas to countries that refuse to accept deported individuals.
The eight-page bill is named after Laken Riley, a 22-year-old nursing student who was tragically murdered last year in Athens, Georgia, by Jose Ibarra, a Venezuelan immigrant who was in the U.S. unlawfully and had been previously detained by Border Patrol. Ibarra received a life sentence without parole for his involvement in Riley’s death.
Let’s explore the details of the legislation.
Mandatory Detention for Immigrants Accused of Theft
If enacted and signed by President Trump, the bill would overhaul the federal government’s approach to undocumented immigrants accused of theft valued at $100 or more, which could include instances of shoplifting. The legislation would require the Secretary of the Department of Homeland Security to ensure that individuals charged with such thefts are detained, obliging immigration officials to arrest and hold them.
Presently, immigration authorities focus on detaining those with violent criminal backgrounds. However, this legislation would eliminate that discretion. “This bill complicates the operational landscape for ICE,” commented Jason Houser, who served as chief of staff for Immigration and Customs Enforcement from 2021 to 2023. He highlighted that while the federal government currently has the capacity to detain around 41,000 individuals, this bill could increase that number by an additional 20,000, diverting resources from capturing more violent offenders. “If this bill passes, we might find fewer violent criminals in detention than we do today.”
Additionally, it would impact legal immigration channels. Customs and Border Protection officers would be directed to classify individuals as “inadmissible” to the U.S. if they are arrested for or admit to theft or shoplifting, meaning even those with valid visas could be removed from the country before they have the chance to contest such claims in court.
Empowering State Attorneys General to Sue for Detention
The bill would grant state attorneys general the authority to take legal action against the federal government regarding its treatment of undocumented individuals in custody. State officials could petition courts to direct immigration agents to locate and detain those previously released from custody. “It allows state attorneys general to seek injunctive relief against the Secretary of Homeland Security if federal immigration measures—like parole or breaches of detention protocols—negatively impact that state or its citizens,” explained Rep. Mike Collins, the Georgia Republican who introduced the bill in the House.
Traditionally, the courts have granted significant authority to the President and federal officials over immigration issues. This legislation could alter that balance, enabling state attorneys general to contest federal immigration rulings. Critics caution that many proponents of the bill may not fully grasp the profound implications of this shift. “We believe it is unwise to disrupt our federal supremacy by allowing state attorneys general to override decisions made by individual ICE and CBP officers, as well as those reaching the Secretary of State,” stated Aaron Reichlin-Melnick, a senior fellow at the American Immigration Council.
State Officials Could Influence Visa Issuance for Non-Compliant Countries
Moreover, this legislation would enable states to intervene in U.S. foreign policy. One reason some undocumented immigrants are not deported is due to their home countries refusing to accept them. Nations such as Nicaragua, Honduras, Brazil, India, Russia, and the Democratic Republic of the Congo currently do not accept deportees from the U.S.
Supporters of the bill envision state attorneys general being able to sue the State Department to suspend the issuance of U.S. visas to countries that refuse to accept deportations of their nationals. “This effectively places the immigration and visa processes under the jurisdiction of the courts and state authorities,” noted Reichlin-Melnick.
Congressional Support for the Bill
The House passed the bill with unanimous support from Republican members and 48 Democrats. In the Senate, where a 60-vote threshold is necessary to initiate discussion, 31 Democrats joined all Republican senators in progressing the bill. Only nine Democrats opposed it. Alongside Senators Fetterman and Gallego, several other Democratic senators, including Mark Kelly from Arizona, Gary Peters from Michigan, Jacky Rosen from Nevada, and Elissa Slotkin from Michigan, have indicated their intention to support the bill.
Senate Minority Leader Chuck Schumer expressed his support for advancing the bill to promote debate and the possibility of amendments aimed at modifying its provisions. Senate Majority Leader John Thune is responsible for deciding which amendments will be discussed before the final vote. Should the bill arrive at the White House in its existing form, President-elect Donald Trump is anticipated to sign it into law once he assumes office.
