Laken Riley Act
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| Long title | To require the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft, and for other purposes. |
|---|---|
| Announced in | the 119th United States Congress |
| Number of co-sponsors | 53 |
| Legislative history | |
The Laken Riley Act is a proposed United States law that requires the Department of Homeland Security to detain illegal immigrants charged with or convicted of theft-related crimes,[1] assaulting a police officer, or a crime that results in death or serious bodily injury like drunk driving.[2][3] The Act would also allow states to sue the Department of Homeland Security for alleged failures in immigration enforcement.
The bill was introduced following the murder of Laken Riley by an illegal migrant, who had previously been cited for shoplifting, on the campus of the University of Georgia in Athens, Georgia.[4] On January 22, 2025, the House agreed to the Senate version of the bill with a 263–156 vote.[5] The bill is awaiting presidential signature.
Background
[edit]In February 2024, Georgia resident Laken Riley was murdered by José Antonio Ibarra, a Venezuelan man who had entered the United States illegally in September 2022, crossing the United States' southern border with Mexico near El Paso, Texas.[6] Before the murder, Ibarra had been charged with "acting in a manner to injure a child less than 17 and a motor vehicle license violation" in New York City[7] and arrested on charges of theft in Athens, Georgia.[8]
The murder gained attention from both politicians and the media because Ibarra entered the United States illegally and was allowed to stay to pursue his immigration case. Immigration and Customs Enforcement stated that it had issued a detainer for Ibarra after he was arrested in New York City. However, local officials released him before he could be taken into custody.[9][4][10]
Provisions
[edit]The bill first requires that the Department of Homeland Security, through Immigration and Customs Enforcement, detain non-U.S. nationals who "[are] charged with, [are] arrested for, [are] convicted of, [admit to] having committed, or [admit to] committing" certain illegal acts. In the original version, the list was limited to theft-related crimes.[1][11]
The bill also allows states to take action against the federal government if they determine it is in "violation of the detention and removal requirements" of the bill.[1]
The amended version, which passed the Senate on January 20, includes the Cornyn Amendment, which provides for detaining illegal immigrants who are charged with or convicted of assaulting a law enforcement officer, and the Ernst Amendment (nicknamed "Sarah's Law"), which includes detaining illegal immigrants who are charged with or convicted of a crime that results in death or serious bodily injury like manslaughter resulting from driving while intoxicated.[12][13]
Legislative history
[edit]| Congress | Short title | Bill number(s) | Date introduced | Sponsor(s) | # of cosponsors | Latest status |
|---|---|---|---|---|---|---|
| 118th Congress | Laken Riley Act | H.R. 7511 | March 1, 2024 | Mike Collins (R–GA) | 78 | Passed House |
| 119th Congress | H.R. 29 | January 3, 2025 | 54 | Passed House | ||
| S. 5 | January 6, 2025 | Katie Britt (R–AL) | 53 | Passed both Chambers |
The bill was initially introduced in the House of Representatives in the 118th Congress and was named in honor of Laken Riley. It passed the House on March 7, 2024, by a vote of 251–170, with 37 Democrats and all Republicans voting in favor of the bill.[10] The bill stalled amidst opposition in the then Democratic-controlled Senate of the 118th Congress. The bill was reintroduced in the House of Representatives as H.R. 29 and in the Senate as S. 5 (the two bills shared the same text and title). H.R. 29 passed the House by a vote of 264–159 on January 7, 2025, as the first bill passed in the 119th Congress. All Republicans and 48 Democrats voted in favor of passage.[4] Seven Democrats who had voted against the bill in the 118th Congress voted in favor in the 119th.[14]
On January 8, Senate Majority Leader John Thune moved to proceed to the consideration of the Laken Riley Act. The next day, the Senate voted to limit debate on the motion to proceed by a vote of 84–9, and, on January 13, approved it by a vote of 82–10.[15][16] On January 17, following a long debate stage that spanned multiple days, the Senate invoked cloture on the bill by a vote of 61–35, with 10 Democrats voting in favor alongside all Republicans present.[17]
The Senate passed the amended bill version by a vote of 64–35 on January 20, with twelve Democrats joining all Republicans.[18] The Senate added two amendments to their version, one of which includes detaining illegal immigrants who are charged with or convicted of assaulting a police officer and another which provides for detaining illegal immigrants who are charged with or convicted of a crime that results in death or serious bodily injury like drunk driving.[2][3] The House concurred in the Senate version on January 22.[5]
Support and Opposition
[edit]The bill is supported by organizations including the Federation for American Immigration Reform and the Association of Mature American Citizens.[19][20]
The bill is opposed by organizations including the American Immigration Council, the American Civil Liberties Union, the Center for Constitutional Rights, the League of Women Voters, the NAACP Legal Defense and Educational Fund, the Jewish Council for Public Affairs, the National Education Association, the National Organization for Women, the Southern Poverty Law Center, the United Steelworkers, the United Church of Christ, the National Association of Social Workers, the National Council of Churches, the Coalition of Black Trade Unionists, the Center for Law and Social Policy, and the Leadership Conference on Civil and Human Rights.[21][22][23]
Impacts of the bill
[edit]Increased Detention: The Act mandates the detention of non-U.S. nationals who are charged with, arrested for, or convicted of certain crimes, including theft-related offenses, assaulting a police officer, or crimes resulting in death or serious bodily injury. This is intended to ensure that individuals who pose a potential threat are detained while their immigration cases are processed.
State Authority: The Act would allow states to sue the federal government for perceived failures in immigration enforcement. This provision aims to empower states to address immigration concerns they believe are not being adequately handled by the federal government.
Due Process: Critics argue the act violates due process by requiring detention without bond or a bond hearing, even for those who are merely charged with a crime. They emphasize that people are considered innocent until proven guilty, and should have a chance to argue against detention. The act would apply to people who are arrested but never charged or charged but not convicted.
Constitutional Issues: The act raises constitutional concerns because it mandates detention based on an arrest or charge, which is not the same as a conviction. The constitution guarantees a right to a fair hearing before deprivation of liberty.
Overreach of Power: Opponents assert that the act gives states unprecedented power over immigration policy, potentially leading to chaos in the legal system with numerous lawsuits.
Ineffective in Improving Safety: Opponents argue the act is not a public safety measure, because there is no correlation between immigration status and criminality. Further, it may divert resources from enforcing immigration laws against those with more serious criminal records.
Disruption to Criminal Proceedings: The Act could hinder prosecutors' ability to proceed with criminal charges, as individuals may be held in immigration detention, making it difficult to attend criminal court hearings.
Racial Disparities: The act may exacerbate racial disparities because Black and Brown people are arrested at disproportionately high rates in the United States.
Costly: Opponents suggest that the law would be extremely expensive by requiring the detention of people for months or even years.
Hobbling the Executive Branch: The bill would allow states to sue the federal government over a wide array of immigration actions. This could lead to endless litigation, preventing the executive branch from issuing new immigration policies.
Definitions
[edit]A non-U.S. national is an individual who is not a citizen of the United States. This includes people who are citizens of other countries and do not have U.S. citizenship. Non-U.S. nationals may include lawful permanent residents (Green Card holders), temporary visa holders, and undocumented immigrants.[26]
References
[edit]- ^ a b c Collins, Mike (January 8, 2025). "Text - H.R.29 - 119th Congress (2025-2026): Laken Riley Act". www.congress.gov. Retrieved January 10, 2025.
- ^ a b Cornyn, John (January 15, 2025). "S.Amdt.14 to S.Amdt.8 to S.5 - 119th Congress (2025-2026)". www.congress.gov. Retrieved January 21, 2025.
- ^ a b Ernst, Joni (January 20, 2025). "S.Amdt.8 to S.5 - 119th Congress (2025-2026)". www.congress.gov. Retrieved January 21, 2025.
- ^ a b c "House passes Laken Riley Act as first bill of new Congress". The Hill. January 7, 2025.
- ^ a b "House passes Laken Riley Act, sending the first bill to Trump to sign into law".
- ^ "House Republicans push bill to detain migrants accused of theft after Georgia student killed". AP News. March 7, 2024. Retrieved January 10, 2025.
authorities arrested on murder and assault charges Jose Ibarra, a Venezuelan man who entered the U.S. illegally and was allowed to stay to pursue his immigration case.
- ^ Wolfe, Elizabeth (February 26, 2024). "Augusta University student killed while jogging at UGA will be honored as the suspect's immigration status fuels debate". CNN. Retrieved January 10, 2025.
- ^ Edmonds, Colbi; Sassoon, Alessandro Marazzi (February 29, 2024). "For Suspect in U. of Georgia Killing, an Obscure Trail Across States". The New York Times. ISSN 0362-4331. Retrieved January 10, 2025.
- ^ "Jose Ibarra came to Athens for work. Now, he and brothers all in custody". Atlanta Journal Constitution. November 22, 2024. ISSN 0362-4331.
- ^ a b "House passes Laken Riley Act". AP. March 7, 2024.
- ^ Hicks, Jennifer (January 19, 2025). "Laken Riley Act: In-Depth Analysis and Implications of a Landmark Immigration Reform". The Eastern Herald | News Today, Breaking News, World News & BRICS Updates. Retrieved January 19, 2025.
{{cite web}}: CS1 maint: url-status (link) - ^ "VIDEO: Senate Passes Cornyn Amendment to Detain Illegal Migrants Who Assault Law Enforcement Officers". January 16, 2025. Retrieved January 21, 2025.
- ^ "Ernst Ushers Sarah's Law Through the Senate". January 20, 2025. Retrieved January 21, 2025.
- ^ Irwin, Lauren (January 7, 2025). "These Democrats flipped their votes on the Laken Riley Act". The Hill. Retrieved January 23, 2025.
- ^ "Senate Democrats willing to advance Laken Riley Act. Here's why". Deseret News. January 10, 2025.
- ^ "Senate advances Laken Riley bill past second hurdle".
- ^ "GOP-led immigration bill on verge of Senate passage after Democrats join with Republicans in key vote".
- ^ Weaver, Al (January 20, 2025). "Senate passes Laken Riley Act in first move after Trump inauguration". The Hill. Retrieved January 20, 2025.
- ^ FAIR: Passage of the Laken Riley Act is Just the First Step in Restoring Common Sense to Our Immigration Policies
- ^ AMAC Action Supports The Laken Riley Act
- ^ a b "Misguided Laken Riley Act Does Nothing to Fix the Problems That Plague Our Immigration System". American Immigration Council. January 22, 2025. Retrieved January 25, 2025.
- ^ "ACLU Responds to House Passage of H.R. 29, the Laken Riley Act". American Civil Liberties Union. Retrieved January 25, 2025.
- ^ Oppose S. 5, the Laken Riley Act
- ^ "Five Things to Know about the Laken Riley Act". NILC. January 6, 2025. Retrieved January 25, 2025.
- ^ Brandon L. Garrett, Kate Evans and Elana Fogel, opinion contributors (January 16, 2025). "Protect your constitutional rights: Don't fall for the Laken Riley Act's security theater". The Hill. Archived from the original on January 19, 2025. Retrieved January 25, 2025.
{{cite news}}:|last=has generic name (help)CS1 maint: multiple names: authors list (link) - ^ "ALIENS AND NATIONALITY". uscode.house.gov. Retrieved January 25, 2025.