WASHINGTON — On Wednesday, the House of Representatives finalized approval for a new bill mandating the detention of undocumented immigrants charged with theft and violent offenses. This legislation represents a significant step for President Trump, who is expected to enact it as Congress aligns more closely with his stringent vision for immigration reforms, benefiting from some bipartisan support.
The Laken Riley Act, named in memory of a Georgia nursing student murdered last year by a Venezuelan national, highlights the significant shift in the political landscape regarding immigration following Trump’s electoral victory. Historically a contentious issue, immigration policy has seen a notable rightward movement, with 46 moderate Democrats joining Republicans to advance the bill, which passed with a vote of 263-156.
Sen. Katie Britt, a Republican from Alabama, remarked on the longstanding difficulties Congress has faced in reaching consensus on immigration issues, deeming the legislation potentially the most impactful immigration enforcement measure in nearly 30 years.
Although this bill necessitates a substantial enhancement of capabilities for U.S. Immigration and Customs Enforcement, it does not allocate any new funding for these initiatives. Meanwhile, the President has begun issuing a series of executive orders aimed at bolstering border security and deporting millions of undocumented immigrants residing in the U.S. Recently, Trump also halted refugee resettlement efforts while asserting plans to take legal action against local law enforcement agencies that do not uphold his new immigration directives.
Leading Republicans in Congress have expressed their commitment to supporting these initiatives, though they face challenges in generating the necessary funding to actualize Trump’s stringent proposals. House Speaker Mike Johnson emphasized that the measures being implemented will help shape their future legislative agenda.
The House first cleared this legislation last year, garnering the support of 37 Democrats—a clear response to the previous administration’s handling of border issues. Despite being stalled in the Senate under Democratic control, the Republican majority this year made the bill their chief concern, resulting in 12 Senate Democrats voting in favor of its advancement. When the House revisited the legislation earlier in the month, 48 Democrats supported it.
Public opinion reflects that most Americans advocate for the deportation of immigrants convicted of violent crimes. However, only around 37% of adults support deporting undocumented immigrants without criminal convictions, according to a recent survey. Rep. Tom Suozzi, a Democrat from New York, acknowledged the bill’s shortcomings but stated it clearly communicates that criminals should face deportation.
The new legislation stipulates that federal authorities must detain migrants arrested for offenses such as shoplifting and expands the criteria to encompass those charged with assaulting law enforcement or committing violent acts. Additionally, state attorneys general would gain the authority to pursue legal action against the federal government for damage incurred due to federal immigration actions, enhancing state influence over immigration policy amid ongoing tensions with presidential directives from both parties.
Despite the passage of the bill, implementing its requirements may prove to be a challenge for the Trump administration unless Congress follows up with necessary funding later this year. Republicans are considering utilizing a budget reconciliation process to advance their agenda and have projected the cost of implementing Trump’s border enforcement and deportation strategy at approximately $100 billion.
Ken Cuccinelli, a former official with U.S. Citizenship and Immigration Services during Trump’s first term, characterized the undertaking as unprecedented, highlighting the need for a significant influx of immigration judges and legal personnel, alongside military resources to support deportation efforts.
The Department of Homeland Security has projected that the Laken Riley Act’s implementation could incur costs around $26.9 billion within the first year, necessitating an increase of about 110,000 ICE detention beds.
Many Democrats criticized the bill’s lack of funding, characterizing it as an inadequate solution that would burden federal agencies with new responsibilities without meaningful support. Sen. Chris Murphy highlighted that the authors of the legislation claimed it would lead to the arrest and detention of serious offenders, suggesting otherwise due to its structure as an unfunded mandate.
Concerns were also raised regarding potential violations of due process rights for migrants, including a risk of prioritizing the detention of individuals arrested for minor infractions over those involved in more serious crimes. Studies suggest that immigrants generally commit crimes at lower rates than native-born individuals, a point often contested by advocates of strict immigration policies.
Republicans point to the tragic case of Laken Riley as justification for the bill, arguing that had it been in place, the perpetrator may not have had the chance to harm her. Rep. Mike Collins voiced this concern, emphasizing the bill’s intent to prevent similar tragedies in the future.
