Congress approves Laken Riley Act with bipartisan support: NPR

President Donald Trump signs his first immigration bill, a measure that would make it easier for federal immigration agents to detain and deport people without legal status who are accused of crimes ranging from petty theft to aggression against the police.

The bill, known as the Laken Riley Act, passed by a vote of 263 to 156 with the support of 46 Democrats. The vote marked a major shift for many in the party. Democrats largely rejected the measure several times last year, but the policy of the bill changed after the election.

The Laken Riley Act underscores Washington’s focus on immigration and border security, after Trump made the issue a central pillar of his successful presidential campaign.

The measure directs federal immigration law enforcement to detain and deport people without legal status accused of petty theft or shoplifting.

The Senate, where the bill passed 64-35 last week, also added an amendment that extends the measure to crimes causing death or serious bodily injury, or assault of a law enforcement officer. law enforcement.

Several criminal offenses can already justify expulsion. But critics of the measure argue that the proposal ignores the current practice of waiting until a person is convicted before considering removal proceedings.

“It’s a glimpse into how big the impact of anti-immigration rhetoric is on immigrants committing crimes, even if the statistics don’t show it,” said Marielena Hincapié, a distinguished visiting immigration scholar at Cornell Law School. “Both Democrats and Republicans are responding to this narrative and the election results.”

The bill is named after a Georgian nursing student who was killed last year by a Venezuelan in the United States without legal status. His death became a rallying cry for Republicans early last year to criticize the Biden administration’s approach to border security. The man, José Ibarra, was later sentenced to life in prison without the possibility of parole. He had previously been accused of shoplifting in New York; Republicans argue that this law would have allowed his deportation sooner and prevented Riley’s murder.

However, research shows that immigrants commit fewer crimes than those born in the United States, Hincapié said, adding that the bill also falsely links crime to migration or legal status.

Political change

The bipartisan vote in the Senate — with 12 Democrats joining all Republicans — marked a stark departure from recent immigration debates at the Capitol.

Most Democrats dismissed the bill as a political message last year when Republicans first proposed it.

Then-Senate Minority Leader Chuck Schumer and other Democratic leaders instead focused their energy on a comprehensive bipartisan border security deal negotiated by a small group of senators last year that combined security measures and application to broader authorization for people without legal status to remain in the United States.

But Democrats quickly moved to the right on the issue after Trump’s election victory and his tidal wave in battleground states, including Pennsylvania. Democratic state Sen. John Fetterman co-sponsored the measure in the Senate. Democratic senators from Georgia and Arizona also lent their support.

Most Democrats opposed the measure at the time of the vote.

“This bill will not achieve its stated purpose,” Sen. Dick Durbin, D-Ill., ranking member of the Senate Judiciary Committee, said after it passed the Senate. “I am sincerely disappointed that this bill passed as it is and deeply concerned about how it will be implemented.”

Still, many Democrats have indicated they are open to tougher immigration measures, creating an opportunity for Republicans to capitalize on that support.

The GOP trio in Washington, with the party now controlling both houses of Congress and the White House, means Republican leaders will likely use that model to propose additional bills related to border security.

ICE asks for more funds

The bill is expected to become law soon, but the federal agency is concerned about who would be responsible for implementing it. Immigration and Customs Enforcement is one of the federal law enforcement agencies responsible for deportations.

Earlier this month, ICE sent a memo to lawmakers warning that implementing the bill was “impossible to execute with existing resources.” In the first year, the agency said, implementation would cost $26 billion, in personnel costs, increased detention resources, transportation and more.

The agency also warned in a December memo that it would need additional ICE agents and predicted it would face obstacles with local jurisdictions, such as state and local authorities, who may not cooperate. He also made it clear that there could be a shortage of detention space to house offenders.

“If additional funding is not received and ICE remains at its current bed capacity,

the agency would not have the detention capacity necessary to effect the immediate arrest and detention of noncitizens convicted or charged with property crimes,” the December memo said. “(Enforcement Operations and deportation) predicts that tens of thousands of noncitizens are expected to be released by the end of the fiscal year, leading to the potential publication of threats to public safety.

Jason Houser, former ICE chief of staff, said he sees frustration with the prospect of spending billions to enforce this bill, instead of generally increasing the department’s resources.

“This bill creates artificial demand for detention beds while doing nothing to respond to influxes of people at the borders or improve security,” Houser told reporters at a news conference last week.

Immigration rights advocates fear the measure will also create blurred lines between different law enforcement agencies and the legal process. The measure would direct ICE to oversee the detention of people accused, arrested or convicted of burglary, theft or shoplifting. And they can even be deported without going through the court system.

“What is dangerous about this bill is that it removes some fundamental principles of our legal system when it comes to due process,” Hincapié said. “The Department of Homeland Security would be able to detain and deport people even if they have been arrested for a crime, even if they have never been convicted.”