President Donald Trump is on the verge of enacting the first legislation of his new administration, a bill named in memory of a murdered nursing student from Georgia, who became a symbol during his presidential campaign.
If it becomes law, the Laken Riley Act would mandate the detention of undocumented immigrants who are accused of committing theft or violent offenses. This piece of legislation has garnered support from both Republicans and Democrats in the House and Senate.
### Background on Laken Riley
Laken Riley, a 22-year-old nursing student at Augusta University, tragically lost her life during a run on February 22, 2024. It has been reported that she was attacked by Jose Antonio Ibarra, who fatally assaulted her during a confrontation. Ibarra opted for a bench trial, where a judge found him guilty of murder and several other charges in November; he was subsequently sentenced to life imprisonment without the possibility of parole.
Trump and other Republican leaders have attributed Riley’s death to former President Joe Biden, highlighting that Ibarra had previously been arrested for unlawful entry in September 2022, near El Paso, Texas, but was released to continue his immigration case due to a significant surge in migrant arrivals. Representative Mike Collins, a Republican from Georgia, stated, “If this act had been the law of the land, he never would have had the opportunity to kill her.”
During last year’s State of the Union address, President Biden brought up Riley’s case while discussing border safety, following an interruption from U.S. Representative Marjorie Taylor Greene, who demanded, “Say her name!”
### Details of the Legislation
The proposed law would obligate federal officials to detain any immigrant who is arrested or charged with offenses such as theft or assault against law enforcement, as well as any crime that results in injury or death. Senator Katie Britt, a Republican from Alabama, emphasized the bill’s intent: “If you come into this country illegally and you commit a crime, you should not be free to roam the streets of this nation.”
Additionally, the Laken Riley Act allows state attorneys general to file lawsuits against the federal government for damages stemming from immigration enforcement issues that adversely affect states or individuals. This includes scenarios where migrants are released from custody or not detained despite being issued deportation orders. The provision grants states more influence over immigration policies, especially given their ongoing efforts to oppose decisions made by both administrations.
In a Congress controlled by Republicans, the measure received support from 46 Democrats in the House and 12 in the Senate.
### Opposition from Democrats
Many Democrats have expressed apprehension that the legislation risks compromising the due process rights of migrants, including minors and those who are beneficiaries of the Deferred Action for Childhood Arrivals program. Representative Alexandria Ocasio-Cortez from New York asserted, “In the wake of tragedy we are seeing a fundamental erosion of our civil rights. In this bill, if a person is accused of a crime, they might be rounded up and deported without ever having their day in court.”
Criticism was also directed towards the bill’s lack of funding, with Democrats arguing that it will not effectively address immigration challenges but rather impose additional burdens on federal authorities. According to estimates from Democrats on the Appropriations Committee, the legislation could cost approximately $83 billion over the next three years. Senator Chris Murphy, a Democrat from Connecticut, referred to the bill as “a totally unfunded mandate.”
### Support from Some Democrats
Despite the opposition, some Democrats supported the bill, particularly those from competitive states, who claimed their constituents demanded stronger border security and endorsed deportations for migrants accused of crimes. Senator Catherine Cortez Masto from Nevada remarked on social media following the bill’s passage, “Anyone who commits a crime should be held accountable. That’s why I voted to pass the Laken Riley Act.”
Democratic Senators from New Hampshire, Jeanne Shaheen and Maggie Hassan, along with Virginia Senator Mark Warner, also backed the legislation as they prepare for upcoming elections. Senator John Fetterman from Pennsylvania, who is in favor of a secure border and was the first Senate Democrat to meet Trump after the election, also supported the bill, diverging from traditional party lines on certain policy issues.
Senator Ruben Gallego, recently elected and Arizona’s first Latino senator, voiced his backing for the legislation in light of his immigrant heritage, stating, “We must give law enforcement the means to take action when illegal immigrants break the law, to prevent situations like what occurred to Laken Riley.”