Dozens of House Democrats joined Republican colleagues in passing on Thursday a bill mandating the deportation or denial of entry into the United States for immigrants with uncertain status who are convicted of or admit to committing sex crimes or domestic violence. The legislation was approved by a bipartisan majority of 274 to 145, with 61 Democrats joining all Republicans in support of the bill.
This initiative is part of a broader Republican-led push on immigration enforcement. It expands the scope of deportable offenses to include stalking, child abuse, and violations of protection orders. It aligns with the domestic violence definitions established in the Violence Against Women Act, which includes non-criminal forms of abuse.
Supporters argue the bill is necessary to close legal loopholes and prevent future violence, though existing laws already permit deportation for crimes involving "moral turpitude," including sexual assault and domestic violence.
Last week, the House passed the Laken Riley Act, which mandates detention and deportation for migrants accused of theft or shoplifting. Both bills will now proceed to the Senate, where they have also received bipartisan support.
Critics of the domestic violence bill, including several Democratic lawmakers and victims' advocacy groups, argue it could harm victims of abuse. They point out that it lacks exceptions for self-defense or situations where abusers accuse their victims of violence, protections currently included in existing law.
The potential financial impact of these measures has also raised concerns. Immigration and Customs Enforcement has identified over 60,000 individuals without legal status who would meet the bill's criteria for detention, far exceeding its current capacity.
According to a report obtained by Axios, ICE has funding for only 42,000 detention beds, with 39,000 already occupied as of December. Of those detainees, 62% are required by law to remain in custody. Meeting the demands of the proposed legislation would require an additional 64,000 beds, bringing the total to more than 100,000.
ICE estimates that implementing the act would cost $3.2 billion in additional funding for the 2025 fiscal year. However, the Laken Riley Act does not include funding provisions to cover its expanded detention requirements.
The report also highlights potential risks if emergency funding is not secured. Without the necessary resources, the ICE warned may be forced to release tens of thousands of immigrants, including some classified as public safety threats.
The American Civil Liberties Union (ACLU) has also highlighted its potential to lead to racial profiling and mass detention. As Sarah Mehta, senior border policy counsel at the ACLU, explained in a statement:
"This is the first immigration bill of the new Congress, and if passed, it will strengthen President-elect Trump's hand in unleashing mass deportations on our communities. It will force immigration authorities to detain individuals accused of nonviolent theft offenses like shoplifting regardless of whether or not law enforcement even deems them as a threat"
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