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Laken Riley Act

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Laken Riley Act
Great Seal of the United States
Long titleTo require the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft, and for other purposes.
Announced inthe 119th United States Congress
Number of co-sponsors53
Codification
Acts amendedImmigration and Nationality Act of 1952
Titles amended8 U.S.C.: Aliens and Nationality
U.S.C. sections amended8 U.S.C. ch. 12, subch. II § 1182(d)(f)
8 U.S.C. ch. 12, subch. II § 1225(b)
8 U.S.C. ch. 12, subch. II § 1226
8 U.S.C. ch. 12, subch. II § 1226(c)
8 U.S.C. ch. 12, subch. II § 1231(a)(2)
8 U.S.C. ch. 12, subch. II § 1252(f)
8 U.S.C. ch. 12, subch. II § 1253
Legislative history
  • Introduced in the Senate as S. 5 by Katie Britt (R–AL) on January 6, 2025
  • Passed the U.S. Senate with amendments on January 20, 2025 (64—35)
  • Passed the U.S. House of Representatives on January 22, 2025 (263–156)
  • Signed into law by President Donald Trump on January 29, 2025

The Laken Riley Act is a United States law that requires the U.S. Department of Homeland Security to detain illegal immigrants[1] admitting to,[2] charged with, or convicted of theft-related crimes,[3] assaulting a police officer, or a crime that results in death or serious bodily injury like drunk driving.[4][5] The Act also allows states to sue the Department of Homeland Security for alleged failures in immigration enforcement.

The bill was introduced following the murder of Laken Riley by an illegal immigrant, who had previously been cited for shoplifting, on the campus of the University of Georgia in Athens, Georgia.[6] On January 22, 2025, the House agreed to the Senate’s version of the bill with a 263–156 vote.[7] President Donald Trump signed the bill into law on January 29, 2025.[8]

Background

See also: Murder of Laken Riley

On February 22, 2024, Georgia resident Laken Riley was murdered by José Antonio Ibarra, a Venezuelan man who had entered the United States illegally in September 2022, crossing the United States' southern border with Mexico near El Paso, Texas.[9] Before the murder, Ibarra had been charged with "acting in a manner to injure a child less than 17 and a motor vehicle license violation" in New York City[10] and arrested on charges of theft in Athens, Georgia.[11]

The murder gained attention from both politicians and the media because Ibarra entered the United States illegally and was allowed to stay to pursue his immigration case. Immigration and Customs Enforcement stated that it had issued a detainer for Ibarra after he was arrested in New York City. However, local officials released him before he could be taken into custody.[12][6][13] The bill was signed into law by President Donald J. Trump on January 29, 2025.

Provisions

The bill first requires that the Department of Homeland Security, through Immigration and Customs Enforcement, detain illegal immigrants who "[are] charged with, [are] arrested for, [are] convicted of, [admit to] having committed, or [admit to] committing" certain illegal acts. In the original version, the list was limited to theft-related crimes.[3][14]

The bill also allows states to take legal action against the federal government if they determine it is in "violation of the detention and removal requirements" of the bill.[3]

The amended version, which passed the Senate on January 20, includes the Cornyn Amendment, which provides for detaining illegal immigrants who are charged with or convicted of assaulting a law enforcement officer, and the Ernst Amendment (nicknamed "Sarah's Law"), which includes detaining illegal immigrants who are charged with or convicted of a crime that results in death or serious bodily injury like manslaughter resulting from driving while intoxicated.[15][16]

Legislative history

Congress Short title Bill number(s) Date introduced Sponsor(s) # of cosponsors Latest status
118th Congress Laken Riley Act H.R. 7511 March 1, 2024 Mike Collins (R–GA) 78 Passed House
119th Congress H.R. 29 January 3, 2025 54 Passed House
S. 5 January 6, 2025 Katie Britt (R–AL) 53 Passed both Chambers

The bill was initially introduced in the House of Representatives in the 118th Congress and was named in honor of Laken Riley. It passed the House on March 7, 2024, by a vote of 251–170, with 37 Democrats and all Republicans voting in favor of the bill.[13] The bill stalled amidst opposition in the then Democratic-controlled Senate of the 118th Congress. The bill was reintroduced in the House of Representatives as H.R. 29 and in the Senate as S. 5 (the two bills shared the same text and title). H.R. 29 passed the House by a vote of 264–159 on January 7, 2025, as the first bill passed in the 119th Congress. All Republicans and 48 Democrats voted in favor of passage.[6] Seven Democrats who had voted against the bill in the 118th Congress voted in favor in the 119th.[17]

On January 8, Senate Majority Leader John Thune moved to proceed to the consideration of the Laken Riley Act. The next day, the Senate voted to limit debate on the motion to proceed by a vote of 84–9, and, on January 13, approved it by a vote of 82–10.[18][19] On January 17, following a long debate stage that spanned multiple days, the Senate invoked cloture on the bill by a vote of 61–35, with 10 Democrats voting in favor alongside all Republicans present.[20]

The Senate passed the amended bill version by a vote of 64–35 on January 20, with twelve Democrats joining all Republicans.[21] The Senate added two amendments to their version, one of which includes detaining illegal immigrants who are charged with or convicted of assaulting a police officer and another which provides for detaining illegal immigrants who are charged with or convicted of a crime that results in death or serious bodily injury like drunk driving.[4][5] The House concurred in the Senate version on January 22.[7] President Donald Trump signed the bill into law on January 29, 2025.[8]

Support and opposition

The bill is supported by organizations including the Federation for American Immigration Reform and the Association of Mature American Citizens.[22][23]

The bill is opposed by organizations including the American Immigration Council, the American Civil Liberties Union, the Center for Constitutional Rights, the League of Women Voters, the NAACP Legal Defense and Educational Fund, the Jewish Council for Public Affairs, the National Education Association, the National Organization for Women, the Southern Poverty Law Center, the United Steelworkers, the United Church of Christ, the National Association of Social Workers, the National Council of Churches, the Coalition of Black Trade Unionists, the Center for Law and Social Policy, and the Leadership Conference on Civil and Human Rights.[24][25][26]

Critics of the bill are concerned that it requires deportations for simply being charged, as opposed to actually convicted, of a crime.[27]

See also

References

  1. ^ https://www.congress.gov/bill/119th-congress/senate-bill/5 . Retrieved 29 January 2025.
  2. ^ Demirjian, Karoun (January 30, 2025). "Laken Riley Act Is an Effort to Target Migrants Accused of Crimes". The New York Times. ISSN 0362-4331. Retrieved January 30, 2025.
  3. ^ a b c Collins, Mike (January 8, 2025). "Text - H.R.29 - 119th Congress (2025-2026): Laken Riley Act". www.congress.gov. Retrieved January 10, 2025.
  4. ^ a b Cornyn, John (January 15, 2025). "S.Amdt.14 to S.Amdt.8 to S.5 - 119th Congress (2025-2026)". www.congress.gov. Retrieved January 21, 2025.
  5. ^ a b Ernst, Joni (January 20, 2025). "S.Amdt.8 to S.5 - 119th Congress (2025-2026)". www.congress.gov. Retrieved January 21, 2025.
  6. ^ a b c "House passes Laken Riley Act as first bill of new Congress". The Hill. January 7, 2025.
  7. ^ a b "House passes Laken Riley Act, sending the first bill to Trump to sign into law". NBC News.
  8. ^ a b "What is the Laken Riley Act? A look at the first bill Trump will sign". AP News. January 24, 2025. Retrieved January 27, 2025.
  9. ^ "House Republicans push bill to detain migrants accused of theft after Georgia student killed". AP News. March 7, 2024. Retrieved January 10, 2025. authorities arrested on murder and assault charges Jose Ibarra, a Venezuelan man who entered the U.S. illegally and was allowed to stay to pursue his immigration case.
  10. ^ Wolfe, Elizabeth (February 26, 2024). "Augusta University student killed while jogging at UGA will be honored as the suspect's immigration status fuels debate". CNN. Retrieved January 10, 2025.
  11. ^ Edmonds, Colbi; Sassoon, Alessandro Marazzi (February 29, 2024). "For Suspect in U. of Georgia Killing, an Obscure Trail Across States". The New York Times. ISSN 0362-4331. Retrieved January 10, 2025.
  12. ^ "Jose Ibarra came to Athens for work. Now, he and brothers all in custody". Atlanta Journal Constitution. November 22, 2024. ISSN 0362-4331.
  13. ^ a b "House passes Laken Riley Act". AP. March 7, 2024.
  14. ^ Hicks, Jennifer (January 19, 2025). "Laken Riley Act: In-Depth Analysis and Implications of a Landmark Immigration Reform". The Eastern Herald | News Today, Breaking News, World News & BRICS Updates. Retrieved January 19, 2025.
  15. ^ "VIDEO: Senate Passes Cornyn Amendment to Detain Illegal Migrants Who Assault Law Enforcement Officers". January 16, 2025. Retrieved January 21, 2025.
  16. ^ "Ernst Ushers Sarah's Law Through the Senate". January 20, 2025. Retrieved January 21, 2025.
  17. ^ Irwin, Lauren (January 7, 2025). "These Democrats flipped their votes on the Laken Riley Act". The Hill. Retrieved January 23, 2025.
  18. ^ "Senate Democrats willing to advance Laken Riley Act. Here's why". Deseret News. January 10, 2025.
  19. ^ "Senate advances Laken Riley bill past second hurdle".
  20. ^ "GOP-led immigration bill on verge of Senate passage after Democrats join with Republicans in key vote". CNN.
  21. ^ Weaver, Al (January 20, 2025). "Senate passes Laken Riley Act in first move after Trump inauguration". The Hill. Retrieved January 20, 2025.
  22. ^ "FAIR: Passage of the Laken Riley Act is Just the First Step in Restoring Common Sense to Our Immigration Policies | FAIRUS.org". www.fairus.org. January 20, 2025.
  23. ^ Action, AMAC (January 10, 2025). "AMAC Action Supports The Laken Riley Act – AMAC Action Weekly Advocacy Update | @amacforamerica". AMAC - The Association of Mature American Citizens.
  24. ^ "Misguided Laken Riley Act Does Nothing to Fix the Problems That Plague Our Immigration System". American Immigration Council. January 22, 2025. Retrieved January 25, 2025.
  25. ^ "ACLU Responds to House Passage of H.R. 29, the Laken Riley Act". American Civil Liberties Union. Retrieved January 25, 2025.
  26. ^ "Oppose S. 5, the Laken Riley Act" (PDF).
  27. ^ Bustillo, Ximena (January 29, 2025). "Trump signs first bill of his second presidency, the Laken Riley Act, into law". NPR. Retrieved January 30, 2025.
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