Q&A of the Day – What’s the Status of the Laken Riley Act?
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Today’s Entry: Hi Brian, What’s the status of the Laken Riley Act? I know it passed the House, but I haven’t heard about what happened in the Senate. Appreciate what you do!
Bottom Line: Republicans wasted no time in the new congress advancing a top legislative priority last week. Addressing the border crisis with the Laken Riley Act, named after the murdered UGA student who was horrifically attacked by an illegal immigrant. The proposed bill would place mandates on ICE to carry out their responsibilities to enforce immigration law through the retention and deportation of illegal immigrants. Before diving into the bill's status in congress here’s a breakdown of what would change under the law:
The Laken Riley Act, as proposed, requires the Department of Homeland Security (DHS) to detain certain non-U.S. nationals (aliens under federal law) who have been arrested for burglary, theft, larceny, or shoplifting. The bill also authorizes states to sue the federal government for decisions or alleged failures related to immigration enforcement.
Under the bill, DHS must detain an individual who (1) is unlawfully present in the United States or did not possess the necessary documents when applying for admission; and (2) has been charged with, arrested for, convicted of, or admits to having committed acts that constitute the essential elements of burglary, theft, larceny, or shoplifting.
The bill also authorizes state governments to sue for injunctive relief over certain immigration-related decisions or alleged failures by the federal government if the decision or failure caused the state or its residents harm, including financial harm of more than $100. Specifically, the state government may sue the federal government over a:
- decision to release a non-U.S. national from custody;
- failure to fulfill requirements relating to inspecting individuals seeking admission into the United States, including requirements related to asylum interviews;
- failure to fulfill a requirement to stop issuing visas to nationals of a country that unreasonably denies or delays acceptance of nationals of that country;
- violation of limitations on immigration parole, such as the requirement that parole be granted only on a case-by-case basis; or
- failure to detain an individual who has been ordered removed from the United States.
Remarkably, the bill, which passed by a 251-170 vote in the House last year was never taken up in the then Democrat-controlled senate in the previous congress. Last week we saw two key changes with the new congress. Despite Republicans having a narrower margin in the House, the bill passed by a wider margin, 264-159, with additional Democrats joining Republicans to pass the bill. The bill has passed its first two votes in the senate with broad bi-partisan support.
While the House took up and passed the Laken Riley Act on the same day last week, the senate is a far more deliberative body. The first vote on the Act took place last Thursday. The vote was to advance the legislation for consideration. Somewhat remarkably, considering that the Schumer-led senate refused to even consider the legislation for a vote last year, Schumer and most of his fellow Democrats joined Republicans in an 84-9 vote. However, in so doing, Schumer had this to say: We’re going to ask our Republican colleagues to allow for debate and votes on amendments. I hope my Republican colleagues will allow for it. So, the devil is in the details. Democrats are attempting to water down the potential effectiveness of the legislation. Nevertheless, to avoid filibuster, Republicans need support from at least some Democrats.
On Monday, the Act passed a second vote in the senate with a similar margin. In a vote, called “a motion to proceed”, which authorizes debate of the bill on the Senate floor, the Laken Riley Act proceeded 82-10. The latest update came on Wednesday when an amendment to the Act was added, although it wasn’t a Schumer proposed amendment. By a 70-25 vote the senate approved an amendment introduced by Texas Republican John Cornyn. The amendment would require that ICE detain any non-citizen lacking permanent status who assaults a law enforcement officer. That amendment slightly expands the bill to allow for the deportation of those granted lawful temporary status in this country if they run afoul of the law. Republicans rejected, on a party line vote, a proposed Democrat amendment that would have stripped states of the ability to sue federal authorities if they don’t execute proper detentions and deportation activities within states.
It’s unclear how long debate will play out in the Senate, however, there has been an indication that it does have the votes to pass in its current form. Assuming all 53 Senate Republicans vote for the legislation, which appears to be the case, seven Democrats would need support the bill for it to pass. Two Democrats, John Fetterman and Ruben Gallego, joined the greater than 40 senate Republicans in sponsoring the senate bill. Additionally, swing state Democrats Mark Kelly, Jon Ossoff, Gary Peters, Jacky Rosen and Elissa Slotkin have all publicly suggested they would vote for the Act – so it is on track.
Trump’s day 1 executive orders on the border will be huge for immediately reinstating his successful policies from his first administration. But to have a lasting impact that transcends administrations, beyond the resumption of the construction of the border wall, new laws are needed and that’s why quickly passing the Laken Riley Act alongside Trump’s EO’s will be key.