ICE Warns It Doesn't Have Nearly Enough Capacity To Detain Those Targeted By Laken Riley Act, Would Have To Release Many To Make Room

Immigration and Customs Enforcement (ICE) officials have warned that the Laken Riley Act, which mandates the detention of undocumented immigrants accused of certain nonviolent crimes, could further strain its resources. The agency 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.

"We're prepared to give ICE the resources it needs to properly enforce federal law and protect American families, both through the appropriations and reconciliation processes," said Sean Ross, deputy chief of staff for Sen. Katie Britt (R-Ala.), who introduced the bill in the Senate.

The Laken Riley Act has gained bipartisan support, with many Democrats joining Republicans in supporting the bill. It is named after Laken Riley, a Georgia nursing student who was killed last year in broad daylight while out for a run. An undocumented migrant from Venezuela was convicted and sentenced to life without parole in connection to her murder, which sparked a national debate. Republicans and President-elect Donald Trump used the case to criticize unlawful immigration.

The bill mandates detention for undocumented individuals convicted of certain crimes. The GOP-led House of Representatives voted 264 to 159 in favor, with 48 Democrats voting with Republicans in support. It was also the first legislation to be brought up in the new Congress, highlighting the central priority for the new administration. When the legislation passed the chamber in the last session of Congress, 37 Democrats voted with Republicans. Now the bill has moved to the Senate, where it is also expected to be supported by some Democrats.

Authored by Rep. Mike Collins, R-Ga., the bill would change federal law to require ICE, operating under Homeland Security Department, to issue detainers and take custody of people in the country illegally who commit theft-related crimes, including shoplifting.

The Laken-Riley Act has also sparked significant debate over its potential legal and societal implications. Concerns persist about its financial implications and broad scope for immigration advocates. The American Civil Liberties Union (ACLU) highlighted it could disproportionately affect vulnerable communities, leading to racial profiling and mass detention.