The GOP-led House of Representatives voted to pass the so-called Laken Riley Act, which requires the detention of undocumented migrants charged with certain crimes. Now, as the bill quickly moves to the Senate, its fate remains unclear.
The House voted 264 to 159 in favor of the bill, 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.
The bill would require the detention of undocumented migrants charged with crimes like theft or burglary. The legislation was named after a Georgia nursing student, Laken Riley, who was killed last year in broad daylight when she was out for a run. An undocumented migrant from Venezuela was convicted and sentenced to life without parole in the case that ignited a national debate, with Republicans and even President-elect Donald Trump, using her murder to denounce unlawful immigration.
After politicizing the case throughout the campaign trail, Trump's congressional allies highlighted that Jose Ibarra, Riley's murderer, had been cited for shoplifting by a Georgia police department but that Immigration and Customs Enforcement, or ICE, did not issue a detainer for him and he was not taken into custody, according to NBC News.
The bill, authored by Rep. Mike Collins, R-Ga., 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.
"We're going to detain and deport illegal aliens who commit burglary, theft, larceny, shoplifting, certainly vicious and violent crime, and I can't believe anybody would be opposed to that," House Speaker Mike Johnson (R-La.) said.
The bill is scheduled to go before the Senate on Friday. All 52 Senate Republicans are co-sponsoring the bill, as is Democratic Sen. John Fetterman of Pennsylvania.
With the GOP controlling 53 seats in the Senate, that would typically mean that at least seven Democrats would need to vote with Republicans to advance a bill subject to a filibuster. But when the bill comes up for a vote, it would need eight Democrats to vote with Republicans, since incoming West Virginia GOP Sen. Jim Justice, who chose to delay his swearing in to finish out his term as governor, isn't expected to take his seat until next week.
While it remains unclear whether the bill will pass, Senate Minority Leader Chuck Schumer (D-N.Y.) reportedly privately opened the door on Tuesday to Senate Democrats negotiating amendments on the Act, according to Axios.
Schumer told members on Tuesday the caucus may engage with Republicans, but they need to have more discussions, the Axios report claims. Democrats will need to back a procedural vote at the end of this week in order to negotiate amendments. There is a desire among many Senate Democrats to do so, according to sources familiar with the meeting.
So far, Democrat Sen. Gary Peters of Michigan, who is up for reelection in 2026, told CNN that he plans to vote for the Act. When asked why, Peters said, "border security and keeping Americans safe." Georgia Sen. Jon Ossoff is also expected to vote to advance the bill.
The latest to join that circle is Sen. Ruben Gallego (D-Ariz.), who said in a statement "we must give law enforcement the means to take action when illegal immigrants break the law, to prevent situations like what occurred to Laken Riley." Sen. Elisa Slotkin (D-Mich.) supported the legislation when she was a member of the House last year, making it likely she votes for it again.
That would put five Democrats supporting the legislation, so Republicans would need three more to break a filibuster and pass the bill.
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