Laken Riley Act Proceeds to Final Senate Vote

WASHINGTON—On January 17, the Senate moved forward with a bill that mandates the Department of Homeland Security (DHS) to detain undocumented immigrants apprehended for theft, burglary, or shoplifting, paving the way for a final vote.

Titled the Laken Riley Act, this legislation also grants states the authority to sue the federal government if immigration policies are not enforced.

The House passed the bill with bipartisan backing on January 7, and it has now successfully navigated another critical procedural hurdle, with the Senate voting 61–35 to advance to a final vote. Given the Senate’s 53–47 Republican majority, its passage seems likely.

It is anticipated that the bill will receive support from some Democrats; it has been co-sponsored by Senators John Fetterman (D-Penn.) and Ruben Gallego (D-Ariz.).

A significant majority of Democrats joined Republican members on January 9 to move the bill forward, effectively overcoming the filibuster.

Minority Leader Senator Chuck Schumer (D-N.Y.) stated on January 9 that while he would vote in favor of proceeding with the bill, Democrats desired “a robust debate” and amendments before committing to its final passage.

Despite agreeing to one amendment, Schumer expressed frustration on January 17 over the rejection of most proposed changes.

“Without further modifications to rectify the bill’s deficiencies, I will be voting against it,” Schumer remarked before the procedural vote.

“Although I do not endorse this specific piece of legislation, I am prepared to collaborate with both parties to create effective, sensible, and practical measures to secure our borders and reform our immigration system.”

Out of 92 amendments proposed, only two were brought to a vote.

Senator Chris Coons (D-Del.) introduced an amendment to eliminate the clause that permits states to sue.

Coons raised concerns that this clause might lead “every state attorney general to file a lawsuit whenever they disagree with any federal decision regarding detention and removal.”

“This could usher in uncertainty or even chaos by encouraging conflicting lawsuits from various states in different courts,” Coons added.

This amendment was rejected, with a vote of 46–9.

On the other hand, the Senate eventually supported an amendment by Senator John Cornyn (R-Texas), which expanded the list of crimes necessitating the detention of undocumented individuals to include assaulting a police officer, passing with a vote of 70–25.

Senator Jeff Merkley (D-Ore.) made a final appeal for additional amendments before the debate concluded, reiterating concerns expressed by Democrats prior to its passage in the House.

Critics of the bill argue that it is overly broad and risks detaining illegal immigrants, including those wrongfully arrested.

“The issue is that children, not charged or convicted, would be mandated to be imprisoned following an arrest, with no opportunity for appeal,” Merkley stated.

The Laken Riley Act is named after a nursing student from Georgia who was assaulted and killed in February 2024 by an undocumented immigrant, Jose Ibarra.

Ibarra had previously been arrested multiple times for theft and shoplifting.