WASHINGTON—The Senate on Jan. 17 advanced a bill that requires the Department of Homeland Security (DHS) to detain illegal immigrants arrested for theft, burglary, or shoplifting, setting it up for a final vote.
That bill, the Laken Riley Act, also allows states to sue the federal government if it fails to enforce immigration policy.
It passed the House with bipartisan support on Jan. 7 and has now crossed another important procedural hurdle, with the Senate voting 61–35 to proceed to a final floor vote. It will likely pass due to the upper chamber’s 53–47 GOP majority.
Its final passage is expected to have some support from at least a few Democrats; the bill was cosponsored by Sens. John Fetterman (D-Penn.) and Ruben Gallego (D-Ariz.).
A wide majority of Democrats joined GOP members on Jan. 9 to allow the bill to proceed, bypassing the filibuster.
Minority Leader Sen. Chuck Schumer (D-N.Y.) previously said on Jan. 9 that he would vote to allow the bill to proceed to the floor but that Democrats wanted “a robust debate” and amendments before they would vote for its final passage.
Although one amendment was agreed upon, Schumer expressed disappointment on Jan. 17 that most proposed changes were rejected.
“Without more changes to address deficiencies in the bill. I'll be voting no,” Schumer said ahead of the procedural vote.
“While I do not support this particular bill, I stand ready to work with both sides to pass smart, effective, tough, and common sense legislation to secure our borders and reform our immigration system.”
Of the 92 amendments offered, only two made it to a vote.
Sen. Chris Coons (D-Del.) offered an amendment that would strike the clause giving states the right to sue.
The senator expressed concern that this provision would invite “every state attorney general to sue whenever they disagree with even an individual-level federal decision regarding detention and removal.”
“This could create uncertainty or even chaos by encouraging conflicting lawsuits brought in different states in different courts,” Coons said.
That amendment failed, 46–9.
The Senate did eventually agree 70–25 on an amendment by Sen. John Cornyn (R-Texas), which added assault of a police officer to the list of crimes requiring detention of illegals.
Sen. Jeff Merkley (D-Ore.) made one last plea for more amendments before the debate was closed, reiterating concerns expressed by Democrats ahead of its passage in the House.
Opponents of the bill have said it is too broad and that illegal immigrants, even those falsely arrested, might be swept up and detained.
“The challenge is specifically that children without being charged, without being convicted, are required to be … imprisoned after an arrest with no chance for appeal,” Merkley said.
The Laken Riley Act is named after a Georgia nursing student who was assaulted and murdered in February 2024 by an illegal immigrant, Jose Ibarra.
Ibarra had been previously arrested multiple times for theft and shoplifting.
