Laken Riley Act: Dems Push Immigration Bill That 'Doesn't Actually Exist'

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Democrats in the U.S. Senate on Thursday helped Republicans advance an immigration bill named after murdered nursing student Laken Riley, but some experts are questioning whether they really know what they are supporting.

After the House of Representatives earlier this week passed the bill—which is purportedly designed to detain more illegal immigrants accused of crimes including theft and burglary—some pundits warned other elements of the legislation are dangerous, including handing over more immigration powers to state attorneys general.

"I think there is a lot of confusion about this bill, which is frustrating considering it's only eight pages long," Aaron Reichlin-Melnick, senior fellow at the American Immigration Council, told Newsweek. "This bill does not make anyone newly subjected to deportation that isn't already, and this bill does not make anyone newly subject to detention that isn't already subjected to detention.

"So far all of the discussion has been about a theoretical bill that doesn't actually exist, rather than the actual bill sitting in front of them that may be signed into law in the next few weeks."

Why It Matters

The Laken Riley Act is the first piece of legislation to pass through the new Republican-controlled Congress and comes as a statement of the party's intent to tackle immigration quickly. The policy area was among President-elect Donald Trump's key talking points while on the election campaign trail, promising to carry out mass deportations of illegal immigrants.

What To Know

Senators voted to push the legislation forward, after the House approved it earlier in the week without debate or amendment. It will now be debated and likely voted on next week.

Democrats who have shown their support for the bill say it will make their constituents safer, while those against it have warned about racial profiling and a lack of resources for immigration officials.

What Is the Laken Riley Act?

The bill, reintroduced to Congress by Georgia Republican Representative Mike Collins on January 6, covers two key areas, but the focus has mainly been on one: mandating the detention of illegal immigrants arrested or charged with theft or other similar offenses by Immigration and Customs Enforcement (ICE).

Republicans, including Alabama Senator Katie Britt who first introduced the bill, say that this would have prevented the death of Riley. The 22-year-old Georgia student was killed by Venezuelan Jose Ibarra, 26, in February. He had been detained three times since arriving illegally in the U.S., but the Border Patrol and police in New York and Georgia let him go.

Reichlin-Melnick told Newsweek that ICE was unable to place detainers on Ibarra both times he was arrested by police, for minor offenses, because he was released too quickly and, therefore, it was unlikely agents would have been able to place him in detention anyway.

Could the Laken Riley Act Stop Immigration?

Also in the bill is a provision allowing attorneys general at the state level to sue the U.S. Department of Homeland Security, or the secretary of Homeland Security, for failing to enforce the first part of the bill. One of the penalties could be an injunction stopping visas being issued for whichever country a suspected migrant criminal has come from.

Immigration attorneys and advocacy groups have raised concerns that the Laken Riley Act would disrupt the workings of the U.S. immigration system—namely its federal management. By allowing attorneys general to effectively have a voice when it comes to visa allocations, it would hand power to the states.

"We think that inverts the separation of powers and puts the states above the federal government and has the potential to set off international incidents," Reichlin-Melnick said. "If you had a single federal district court judge in, say, Texas, ordering the Secretary of State to sanction China and ban Chinese nationals from getting certain visas, that's a scenario I could easily see happening under the bill."

On the Senate floor Thursday afternoon, Democratic Party minority leader, New York Senator Chuck Schumer, said that he welcomed the bill's continuation so that it could be thoroughly debated and amended.

"This is an important issue. We should have a debate and amendments, which is why I am voting yes on the motion to proceed," Schumer said. "To remind my colleagues that this is not a vote on the bill itself."

Other Democrats, including Washington Representative Pramila Jayapal, have spoken out against the bill, saying it wipes away due process for immigrants and could lead to increased racial profiling by immigration officials.

Deporting illegal immigrants, especially those charged or convicted of other crimes, has been a unifying issue for voters, with the majority supporting the measure. But a majority also said they wanted more legal immigration pathways for those who have lived in the U.S. for years, which this bill appears to go against if state attorneys general are able to intervene.

What People Are Saying

Allyson and John Phillips, Laken Riley's mother and stepfather, in a news release: "The Laken Riley Act has our full support because it would help save innocent lives and prevent more families from going through the kind of heartbreak we've experienced. Laken would have been 23 on January 10th. There is no greater gift that could be given to her and our country than to continue her legacy by saving lives through this bill."

Maya Wiley, president and CEO of The Leadership Conference on Civil and Human Rights, in a statement to Newsweek: "The senseless murder of Laken Riley should not be used to justify making unprecedented changes to immigration detention laws that will invite more discrimination and do little to increase public safety. Mandatory immigration detention on the basis of a mere arrest without requiring conviction would almost certainly — and disproportionately — invite abuses that harm people of color."

Britt, in a press release: "The American people did not just deliver a mandate on November 5th, they delivered a verdict. They made it clear they want to remove criminal illegal aliens and protect American families. We will soon know whether Democrats hear, respect, and obey that verdict."

Kerri Talbot, co-executive director of the Immigration Hub, in a statement: "The Laken Riley Act creates a pipeline for mass detention, not a sensible solution for public safety. This is political gamesmanship at its worst, planting a trap for lawmakers by exploiting a tragedy. This bill weaponizes the justice system to incarcerate immigrants for minor infractions, empowers extremists to rewrite immigration policy, and tears apart families who have long called this country home."

Illinois Democratic Representative Sean Casten, on X: "Undocumented people in the US who are convicted of felonies are already subject to deportation. If that is your concern you should be happy with existing law. As I am."

Georgia Democratic Senator Raphael Warnock, in a statement: "As a pastor and a voice for Georgians in the Senate, I continue to pray for Laken Riley's family and friends who are still grieving her loss. I'm voting to begin floor debate on the Laken Riley Act because I believe the people of Georgia want their lawmakers in Washington to address the issues in this legislation."

David Bier, director of immigration studies at the Cato Institute, on X: "The Laken Riley Act pretends to be about stopping ILLEGAL immigrants who commit crimes. In fact, it's a Trojan horse designed to destroy legal migration because nativists cannot help themselves. They simply don't care about illegal immigration as much as legal immigration."

Arizona Democratic Senator Mark Kelly, in a statement: "I support this effort because federal authorities need to protect our communities from criminals. Keeping Arizonans safe is my top priority and I'm committed to working with Republicans and Democrats on solutions to secure our border and fix our broken immigration system."