By Stephen Dinan – The Washington Times – Tuesday, January 7, 2025
The House on Tuesday took the first steps toward President-elect Donald Trump’s promised immigration crackdown by passing a bill to pressure the Department of Homeland Security to detain and deport illegal immigrants arrested on even minor charges of criminal law violations such as shoplifting.
The Laken Riley Act, named after a Georgia nursing student killed by an illegal immigrant last year, cleared the House on a 264-159 vote, with four dozen Democrats joining the Republicans in favor.
Senate Republicans are moving toward a vote later this week to carry out the key Trump campaign promise.
“We need to get these people off the streets. These criminals are getting bolder and bolder while our communities become more and more unsafe,” said Rep. Mike Collins, Georgia Republican. “Our lax policies, they gave her murderer the courage to kill Laken Riley.”
Mr. Collins represents the region where Riley was killed last February.
Outrage over her death helped elevate immigration into a political crisis for President Biden, who oversaw the largest illegal immigrant surge in U.S. history.
Among the arrivals was Jose Ibarra, a Venezuelan who was caught and released at the border in 2022 under a Biden “parole” program.
He racked up several arrests in New York City and Georgia but was never deemed a priority for detention and deportation under Homeland Security Secretary Alejandro Mayorkas’ directives.
Homeland Security issued Ibarra a work permit in December 2023 after several of the arrests and just two months before he killed Riley.
Ibarra was convicted late last year and was sentenced to life in prison.
The Laken Riley Act would push U.S. Immigration and Customs Enforcement to arrest and detain illegal immigrants who commit shoplifting, burglary, larceny or theft offenses.
It would also create an avenue for states to bring civil cases in court against federal officials who refuse to enforce immigration law. That would reverse a 2023 Supreme Court ruling that said Texas didn’t have standing to sue to stop Mr. Mayorkas’ more relaxed enforcement priorities, even if they conflicted with the law.
Democrats who opposed the legislation said it trampled on illegal immigrants’ rights by pushing for deportation after a theft or shoplifting arrest rather than waiting for a conviction.
Rep. Jamie Raskin, Maryland Democrat, envisioned a young adult immigrant caught up in a group arrest because one person shoplifted.
“The consequences would be devastating under this legislation — mandatory detention and deportation from this country just for having been arrested, even if never charged,” he said.
Mr. Raskin also complained about plans to reverse the Supreme Court and allow states to sue federal officials to step up immigration enforcement.
Republicans doubted the bill would be needed under the Trump administration. They said they wanted to prevent future presidents from repeating Biden-style policies.
A version of the Laken Riley Act was approved in the Republican-led House last year on a 251-170 vote, with 37 Democrats backing it.
That tally improved Tuesday, with 48 Democrats in support, underscoring a small but significant shift in the politics of illegal immigration over the past year.
Five Democrats who opposed the bill last year voted in favor this time. The bill also drew the backing of several freshman Democrats, suggesting the issue’s power among voters.
House Speaker Mike Johnson, Louisiana Republican, chided the 159 Democrats who opposed the bill. He said they “ignored the loud and clear message from voters.”
“It is hard to believe, after countless horrific stories like Laken’s, any House Democrats would vote against deporting illegal aliens who commit violent crimes against American citizens,” Mr. Johnson said.
The Senate, under Democratic control last year, did not vote on the bill.
With Republicans now leading the upper chamber and the House, the bill will likely see action. Newly minted Senate Majority Leader John Thune, South Dakota Republican, has triggered parliamentary maneuvers to have the bill skip the committee process and go straight to the floor.
To pass, the bill will likely have to clear a filibuster, which means it must have the support of at least eight members of the Senate Democratic Caucus.
Sen. John Fetterman, Pennsylvania Democrat, is co-sponsoring the bill with nearly every Senate Republican.
Sens. Katie Boyd Britt, Alabama Republican, and Ted Budd, North Carolina Republican, are leading the Senate version.
“The American people did not just deliver a mandate on Nov. 5; 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,” Ms. Britt said.
She said she expects a first vote on Friday.
“It’s a common-sense piece of legislation,” Ms. Britt said. “I think if you look at what happened on Nov. 5, this was the most litigated issue of the last four years. And the American people spoke, and now it’s time to act.”
