The U.S. House of Representatives passed the Laken Riley Act on Tuesday with bipartisan support, marking the first legislative action of the year. Named after a Georgia nursing student killed by an undocumented Venezuelan migrant, the bill would allow the detention of undocumented immigrants charged with certain crimes like theft, burglary, or shoplifting.
The legislation initially cleared the House in March with fewer Democratic votes but was not voted in the Senate. This time around, it passed with a 264-159 vote, including support from 48 Democrats alongside all Republicans. Of the Democrats, eleven were newly elects, while seven others shifted their votes to "yes" from the previous rejection. The latter were:
- Brendan Boyle (D-Pa.)
- Val Hoyle (D-Ore.)
- Lucy McBath (D-Ga.)
- Joe Morelle (D-N.Y.)
- Ritchie Torres (D-N.Y.)
- Terri Sewell (D-Ala.)
- Jared Moskowitz (D-Fla.)
The bill broadens the category of charges warranting detention of undocumented migrants, including those seeking asylum, and grants state attorneys general the right to sue federal officials if released migrants commit further crimes.
Critics, including House Democratic Caucus Chair Pete Aguilar (D-Calif.), argue it could lead to wrongful detention and raise constitutional issues, as The Hill reports:
"There are serious flaws in this bill, it did not go through the normal judicial process. I voted against this because it opens a path for individuals through DACA who could be deported and that's a concern to me"
Organizations like the American Civil Liberties Union also criticized the bill, reiterating through a statement on Wednesday that it "poses a serious threat to civil liberties and violates bedrock constitutional principles."
"The ACLU's concerns about racial profiling are well-founded," explained Immigration attorney Bradford Bernstein to The Latin Times. "For instance, law enforcement or prosecutors could bring charges against individuals based on racial or religious biases, knowing that these charges would lead to immigration detainers. This could pressure individuals to accept plea deals for crimes they did not commit simply to avoid prolonged detention."
Bernstein is among several immigration lawyers across the country who have been been bombarded with worries from clients around this bill and other potential ones on the way once the upcoming administration assumes office. In fact, Bernstein has taken to TikTok to further explain the impact of the Laken Riley Act to clients:
The legislation now heads to the Senate, where bipartisan backing increases its likelihood of passage as Democratic Senators Ruben Gallego (D-Ariz.) and Elissa Slotkin (D-Mich.), who supported the bill as House members, are expected to advocate for its approval.
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