The House passed a bill on Tuesday that would target undocumented immigrants accused of nonviolent crimes for deportation, an opening salvo from the Republican majority that emboldened President-elect Donald J. Vows to fulfill Trump’s promise of border action.
The measure, which won the support of 48 Democrats as well as all Republicans, appears to be on track to be enacted, having received bipartisan support in the Senate, which plans to take it up on Friday. It is named after Laken Riley, a 22-year-old nursing student who was murdered in Georgia last year by an immigrant who crossed into the United States illegally and was arrested and charged. He was charged with shoplifting, but was not taken into custody.
The swift action shows how Republicans in Congress, emboldened by the governing trifecta when Mr Trump takes office on January 20, are using their power to revive and pass border security measures that the previous Congress had vetoed. were finished during. Democratic-controlled Senate. These include bills to increase deportations, keep asylum applicants outside the United States, and strip federal funding from cities that limit their cooperation with federal immigration enforcement officials.
“This bill is more than just legislation; This is a return to common-sense American values,” Representative Tom Emmer of Minnesota, the No. 3 Republican, told reporters Tuesday. “And under President Trump, where this came from, there will be a lot more of it.”
The bipartisan vote, 264 to 159, reflected how some Democrats, hurt by their party’s election defeat in November, are reevaluating their stances on issues such as immigration, even as they prepared for a far more serious approach under Mr Trump. Are.
Senator John Fetterman, Democrat of Pennsylvania, supported the legislation in a statement Tuesday, saying, “I support giving officials the tools to prevent tragedies like this while we work on comprehensive solutions to our broken system.” Have been.”
Republicans, who control 53 Senate seats, would need seven Democrats to approve the legislation to allow it to receive a vote. Democratic senators Ruben Gallego of Arizona, elected in November, and Elissa Slotkin of Michigan, voted for the legislation as House members last year.
The bill would require federal officers to detain undocumented immigrants on charges of theft, burglary, theft or shoplifting, expanding the list of charges that would make them subject to arrest and potentially deportation . It aims to target people like Jose Antonio Ibarra, the Venezuelan man who was jailed for life in November for Ms Riley’s murder.
“Right now, ICE is unable to detain and deport illegal criminals who commit these small-level crimes,” said Representative Mike Collins, a Georgia Republican and author of the bill, referring to Immigration and Customs Enforcement. “We need to get these people off the streets. “These criminals are becoming more daring while our communities are becoming more unsafe.”
Many Democrats have argued that the new category is too broad, and could result in innocent people being detained.
“Unfortunately, there are countless real-life examples where people have been wrongfully arrested for crimes they did not commit,” Representative Pramila Jayapal, Democrat of Washington, said in the House. “People deserve to have their day in court and are innocent until proven guilty. “It seems like it’s something that the majority of people have forgotten or don’t care about.”
Under current law, noncitizens who have been convicted of at least two minor crimes are subject to possible deportation.
The legislation would also give state attorneys general the authority to sue the U.S. Attorney General or Secretary of Homeland Security if an immigrant who entered the United States illegally is released and commits a crime that harms the state or its residents. cause harm.
Democratic critics argued that the provision was unconstitutional and that it would allow conservative state attorneys general to effectively dictate federal immigration policy.
Representative Jerrold Nadler, Democrat of New York, said in the House, “This appears to be a deliberate attempt to circumvent recent Supreme Court decisions limiting states’ standing to sue the federal government on immigration enforcement matters.” Is.” He was referring to the court’s 2023 decision in United States v. Texas, in which it ruled 8 to 1 that state attorneys general cannot challenge Biden administration policies regarding people in the country illegally. Immigrants entering must be given priority for detention and removal.
But Republicans argued that by allowing states to sue over harm to their residents, they were merely acting on the scenario that Justice Brett M. Kavanaugh mentioned in his majority opinion in that case. Justice Kavanaugh wrote that states may be able to bring such cases “when Congress increases actual injuries to the extent of legally cognizable injuries redressable by federal court.”
“This bill does exactly that,” said Republican Representative Tom McClintock of California.