Senate Advances Migrant Detention Bill, Potential First Law for Trump

WASHINGTON (AP) — The Senate is moving toward a final vote on legislation that would grant states the authority to challenge federal immigration policies and mandate the detention of migrants accused of theft or violent crimes. The bill, named the Laken Riley Act after a Georgia student allegedly killed by a Venezuelan migrant, could become the first law signed by President Donald Trump upon his inauguration.

On Friday, the bill cleared a key procedural hurdle with a 61-35 vote, including support from 10 Democrats. The Senate is scheduled to vote on final passage Monday, following Trump’s inauguration. However, the House must also address changes made to the bill before it reaches the president’s desk.

Senate Majority Leader John Thune, R-S.D., emphasized the bill’s significance, calling it “the first of many” aimed at addressing illegal immigration. “The American people are rightly concerned about the illegal immigration crisis in this country, and they sent a clear message in November that they want to see it addressed,” Thune said.

Democrats, who previously allowed similar legislation to stall, initially supported opening debate on the bill, reflecting a shift in their stance following election losses. However, most Democrats voted against advancing the bill after failing to secure significant amendments. Senate Democratic Leader Chuck Schumer, D-N.Y., criticized the bill’s focus on detaining migrants accused of minor crimes, arguing it could lead to the release of those convicted of more serious offenses.

The Laken Riley Act does not include new funding for immigration enforcement, but Democratic staff on the Senate Appropriations Committee estimate it could cost $83 billion over three years. Republicans disputed this figure and are considering additional measures to fund border and immigration enforcement through a reconciliation process.

The bill also includes a provision allowing state attorneys general to sue the federal government over immigration policies, a move that could significantly alter the balance of power in immigration enforcement. Democrats unsuccessfully sought to remove this provision, warning it could lead to increased litigation and chaos in an already strained system.

Immigration experts caution that the bill’s most lasting impact may be its empowerment of states to challenge federal policies. Kathleen Bush-Joseph, a policy analyst at the Migration Policy Institute, noted, “We have a really overwhelmed and stretched immigration system as it is, and additional litigation just adds chaos.”

The Senate will vote Monday on expanding the bill to target migrants accused of assaulting police officers or committing crimes that result in serious injury or death.