With broad Democratic support, Senate expands bill that could deport immigrants without due process

The Senate voted 70-25 Wednesday to pass the First Amendment to the Laken Riley Act, a bill that would require Immigration and Customs Enforcement to detain and potentially deport accused — but not yet recognized — undocumented migrants guilty – of non-violent crimes such as trespassing and theft. The amendment, proposed by Sen. John Cornyn of Texas, would also require ICE to detain any undocumented migrant accused of assaulting a law enforcement officer.

Twenty-one Democrats voted with all Republicans present to adopt the amendment, with further debate planned for Thursday.

The bill, named after a Georgia student murdered by a Venezuelan migrant previously arrested and then paroled for shoplifting, had already overcome two procedural hurdles with overwhelming support in the Senate.

Some Democrats, such as co-sponsors Sen. John Fetterman, Democrat of Pennsylvania, and Sen. Ruben Gallego, Democrat of Arizona, have said they will support the Laken Riley Act until it is finally passed. Others hope to use the debate process to correct a bill that critics say would allow authorities to ignore due process in order to carry out mass evictions. Cornyn’s amendment could increase these concerns, as police officers have previously accused people (particularly arrestees) of assault only to obtain evidence that later proves their allegations were unfounded.

So far, Democrats’ efforts to change the bill have been unsuccessful. An amendment proposed by Sen. Chris Coons, D-Del., would have removed a section of the bill that gives state prosecutors the power to sue the federal government over its detention policies, but it was rejected according to the parties, 46-49.

Senate Majority Leader John Thune, R-S.D., pledged to allow an open debate and amendment process over the coming days. “We will have a debate and we will aim to produce the strongest bill we can pass. That’s our goal,” he told reporters.

The South Dakota Republican also said he supported an amendment from Sen. Joni Ernst, R-Iowa, that would expand the bill to include the detention of undocumented immigrants accused of committing crimes that resulted in death and serious injuries.

The Laken Riley Act has already passed the House with 48 Democratic votes, but once the Senate votes on the bill, it will return to the House for another vote.