Immigrants line up at a remote U.S. Border Patrol processing center after crossing the U.S.-Mexico border on Dec. 7, 2023, in Lukeville, Arizona. (Photo by John Moore/Getty Images)
WASHINGTON — The U.S. Senate Friday voted to advance a bill that would require the expansion of mass detention for immigrants charged or arrested for property crimes, setting it up to be one of the first measures signed into law by incoming President-elect Donald Trump.
In a 61-35 procedural vote, 10 Senate Democrats joined with all Republicans to limit debate on S. 5, known as the Laken Riley Act, named after a 22-year-old nursing student who was murdered by man who immigration authorities say entered the country illegally and was previously charged with shoplifting.
If signed into law, the bill — already passed by the House — would be an early win for Trump, who campaigned on his plans to enact harsh immigration policies, including mass deportations, and often blamed Riley’s death on the immigration policies of the Biden administration.
A final vote in the Senate is set for Monday, after which the legislation will be sent back to the House due to an amendment from Texas GOP Sen. John Cornyn that would add the assault of a law enforcement officer as requiring mandatory detention. It was agreed to on a bipartisan 70-25 vote.
The Senate is also teed up to vote on another amendment Monday, one from Iowa GOP Sen. Joni Ernst that would also include mandatory detention requirements for “any crime that results in death or serious bodily injury to another person.”
One amendment Democrats submitted, brought to the floor by Sen. Chris Coons of Delaware, would have stricken a section in the bill that grants broad legal standing to state attorneys generals to challenge federal law, as well as the bond decisions of immigration judges.
It was rejected on a party-line vote of 46-49, but it’s an amendment that mirrors one submitted by Republican Sen. Marsha Blackburn of Tennessee.
Schumer unhappy with lack of debate
Ahead of the vote, Senate Minority Leader Chuck Schumer said he would not be voting for the measure, criticizing Senate Republicans for not allowing more amendment votes.
“We told Republicans we wanted to have a serious and productive and fruitful debate on this legislation, with the chance to vote on amendments (to) modify the bill,” the New York Democrat said. “Unfortunately, without more changes to address deficiencies in the bill, I will be voting no.”
Immigration attorneys and experts have raised major concerns with the bill. They argue it would not only affect undocumented people, but would ensnare some immigrants with legal status, lead to the detainment of children and compel the U.S. State Department to halt issuing visas to a country that refused to accept nationals eligible for deportation.
Additionally, U.S. Immigration and Customs Enforcement has estimated that the cost of enforcing the law at $26.9 billion in its first year, according to NPR. The budget for ICE for fiscal year 2024 is about $9 billion.
Senate Majority Leader John Thune said before the vote that if ICE doesn’t have the capacity to carry out the law, “the answer is to provide those resources.”
The South Dakota Republican added that Senate Republicans are
“currently working on a bill that will provide ICE with additional agents and additional detention capacity.”