Senate takes up GOP immigration bill as Democrats renew calls for ‘robust’ debate

WASHINGTON (CN) — The Senate formally opened debate Monday evening on Republican legislation that would hike detention requirements for federal immigration enforcement and expand the ability of states to challenge the Department of Homeland Security.

But while the upper chamber agreed to consider the bill — the first of the GOP’s newly minted majority in Congress — its passage is far from a done deal. Some Democrats argue the measure’s provisions would make it harder for immigration authorities to detain dangerous criminals and would threaten the federal government’s authority.

If made law, the Republican-led Laken Riley Act would, among other things, require U.S. Immigration and Customs Enforcement to detain immigrants here illegally who are charged with crimes such as theft, burglary or shoplifting.

The bill is named for 22-year-old Laken Riley, a Georgia woman killed in 2022 by a Venezuelan immigrant, Jose Ibarra, who had previously been cited by police for shoplifting. Republicans backing the legislation have argued that if Ibarra — sentenced in November to life in prison — had been detained for the shoplifting offense, Riley may still be alive today.

Democrats, though, have worried that the proposed measure would place undue strain on federal immigration authorities and muddy the waters between minor offenses and more serious ones.

Speaking on the Senate floor Monday afternoon, Senate Minority Whip Dick Durbin said that ICE had informed his office that the GOP legislation would require the agency to detain more than 65,000 immigrants. Congress, however, has only appropriated ICE enough funding to handle roughly 42,000.

That discrepancy, Durbin said, could force ICE to release some people it has detained under its current policy, which allows the agency to primarily hold people it views as a threat to public safety.

Democrats also have heartburn about another provision in the Laken Riley Act which would allow state attorneys general to sue the Homeland Security Department if they believe the government has failed to adhere to federal immigration law. The measure would also require federal courts to prioritize those cases as much as possible.

The language of the bill appears to counteract the Supreme Court’s 2023 ruling in U.S. v. Texas, in which the justices held that states do not have standing to challenge the federal government over such policy. And some lawmakers have argued that the high court’s precedent renders that provision unconstitutional.

Durbin on Monday further argued that the legislation would “undermine” the federal government’s legal supremacy over the states, as outlined in the Constitution. He also slammed the bill’s provision requiring judges to move state immigration suits to the top of their dockets.

“This would rob federal judges of the ability to control their courtrooms and would grind their dockets to a halt,” said the Illinois Democrat.

Ultimately, the Senate voted 82-10 Monday evening to proceed with the Laken Riley Act. Several Democrats voted against the bill, including Hawaii Senator Mazie Hirono and New Jersey Senators Cory Booker and Andy Kim.

Despite concerns from some Democrats about the bill, it has already captured some bipartisan support. Several Senate Democrats, including Pennsylvania Senator John Fetterman, Michigan Senator Gary Peters and Georgia Senator Jon Ossoff have signaled that they would vote to pass the bill.

The legislation is cosponsored in the upper chamber by freshman Arizona Senator Ruben Gallego, also a Democrat.

Democratic leaders, meanwhile, agreed to move ahead with the GOP bill in hopes that Senate Republicans would allow “robust” debate and permit amendments to the legislation.

“This issue is very important,” Senate Minority Leader Chuck Schumer said on the Senate floor Monday afternoon. “Americans deserve for us to debate this issue seriously, including by considering amendments from the Democratic side.”

Durbin added that the amendment process would allow Democrats to address the measure’s drawbacks.

“If we are going to consider this bill, we must have the chance to offer amendments to fix a few of these problems and ensure the bill accomplishes its goal,” he said.

The Senate on Friday invoked cloture on the Laken Riley Act, setting it up for consideration this week. The chamber could vote on final passage as early as Wednesday, which could tee the bill up as one of the first to land on President-elect Donald Trump’s desk.

The House last week passed the legislation on a 252-157 bipartisan vote.

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