The US Senate on Friday cleared the way for final approval of a bill that targets undocumented immigrants accused of theft-related crimes, a preview of how Republicans will use their majorities to help Donald Trump deliver on his long-promised border crackdown – and an early test of how Democrats will respond.
The Laken Riley Act, named after a 22-year-old Georgia nursing student who was murdered last year by a Venezuelan national, cleared a key procedural hurdle by a vote of 61-35, with 10 Democrats joining Republicans to advance it. A vote on final passage was scheduled for early next week, making it potentially one of the first pieces of legislation he signs as president.
Under the bill, Immigration and Customs Enforcement (Ice) would be required to detain undocumented immigrants charged with crimes such as “burglary, theft, larceny, or shoplifting”. It would also allow state attorneys general to sue the federal government if they believed their states had been harmed by its failure to enforce immigration laws.
Immigrant rights groups and legal experts have raised concerns that the bill, if enacted, would infringe on individuals’ right to due process and could undermine federal authority to enforce immigration law. On Friday, progressives slammed Democrats for helping deliver Trump a swift legislative victory.
“Spineless. That’s the only word for the 10 Senate Democrats who handed Maga Republicans a gift they didn’t deserve,” said Sarah Dohl, chief campaigns officer of the progressive group Indivisible. “The Laken Riley Act is a racist, xenophobic attack on immigrants that shreds constitutional rights and hands power to extremists like [Texas attorney general] Ken Paxton to hijack federal immigration policy. It’s not just cruel – it’s a train wreck of chaos and bad faith. And yet, Senate Democrats caved.”
Republicans, meanwhile, welcomed Democrats’ support, which was necessary to clear the 60-vote threshold required to end debate on the measure.
“I appreciate my colleagues on both sides of the aisle who came together to protect our communities,” said the Republican senator Katie Britt of Alabama, who introduced the bill in the Senate. “With today’s strong vote, we are in the final sprint to getting the Laken Riley Act across the finish line, honoring her legacy and making America safer.”
The vote reflects a sharp shift in strategy for Democrats, particularly from Trump’s first term when they vociferously and often unilaterally opposed all aspects of his immigration agenda. Their defeats in the 2024 election have pushed some in the party to the right on an issue that was the centerpiece of Trump’s campaign and a major issue for voters.
The Arizona senator Ruben Gallego, a Democrat who was elected in November despite Trump’s success in his state, co-sponsored the bill and voted for it to advance on Friday. He was joined by other border and swing state Democrats, including fellow Arizona senator Mark Kelly, Nevada senators Catherine Cortez-Masto and Jacky Rosen, the Georgia senator Jon Ossoff, the Michigan senators Gary Peters and Elissa Slotkin, the New Hampshire senators Maggie Hassan and Jeanne Shaheen and the Virginia senator Mark Warner.
“Arizonans know the real-life consequences of today’s border crisis,”Gallego said in a statement on Friday. “We must give law enforcement the means to take action when illegal immigrants break the law, to prevent situations like what occurred to Laken Riley.”
Some Democratic critics and law enforcement groups cited the enormous costs and resources required to implement the bill, if passed. NPR obtained a Department of Homeland Security memo warning lawmakers that the bill would cost nearly $27bn to implement in its first year and “would be impossible for ICE to execute within existing resources”.
Senate Democrats overwhelmingly voted to advance the bill last week, using the debate as a chance to propose amendments to the bill. In the House, dozens of Democrats joined with all Republicans to pass an initial version of the bill this month. Because the Senate approved changes to the bill, the House will have to vote on the final version before it is sent to Trump for his signature.
Earlier this week, 61 House Democrats backed a separate bill that would deport or block entry for foreign nationals convicted of sexual abuse or domestic violence. Critics said the measure was unnecessary as it largely duplicates existing law.
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Taken together, the votes represent early victories for Republicans, who will hold a governing trifecta in Washington when Trump takes office on Monday. After four years of hammering the Biden administration over its handling of immigration, congressional Republicans are making clear that they intend to use their majorities to hand Trump the resources to carry out his sweeping and costly promise of mass deportations on a historic scale.
As senators voted on Friday, Trump’s choice to lead the DHS, the South Dakota governor, Kristi Noem, testified to the Senate homeland security and governmental affairs committee that she would ensure immigration officers had all the “tools and resources” necessary to implement Trump’s border crackdown.
Immigration advocates were dismayed that Democrats played a decisive role in handing Trump his first major legislative victory. Before Friday’s vote, Vanessa Cárdenas, executive director of the immigration advocacy group America’s Voice, urged Democrats not to “take the bait” laid by Republicans, warning that the Laken Riley Act was both “bad policy” and “bad politics”.
“Democrats are never going to get the credit for voting for this. The GOP is always going to attack them,” she said, adding: “Democrats really need to get their act together, because more bills like this are coming for sure, and they need to have a strategy, and then they need to provide a contrast. And what they’re doing right now is just playing in the GOP turf.”
