WASHINGTON — Fresh off President Trump’s inauguration, the Senate on Monday passed a bill that would require federal authorities to detain migrants accused of theft and violent crimes, the first measure he likely will sign into law and giving more weight to his plans to deport millions of migrants.
Trump has made a broad crackdown on illegal immigration his top priority, and Congress, with Republicans in control and some Democrats willing to go along, is showing it is ready to follow suit.
Passage of the Laken Riley Act was a sign of how Congress has shifted sharply right on border security and immigration. The measure is named after a Georgia nursing student whose murder by a Venezuelan man last year became a rallying cry for Trump’s White House campaign.
“We don’t want criminals coming into our country,” Trump told supporters at the Capitol, adding he looked forward to holding a bill signing “within a week or so.”
Trump is already ending many of former President Biden’s border and immigration programs, turning the United States away from the Democrat’s attempts at more humane immigration policies. Swift action on immigration policy was proof of how Democrats were no longer resisting some strict enforcement proposals.
“If you come into this country illegally and you commit a crime, you should not be free to roam the streets of this nation,” said Sen. Katie Britt (R-Ala.), who helped push the bill through the Senate.
The bill cleared a key procedural vote in the Senate last week with support from 10 Democrats, and similar legislation gained support from 48 House Democrats earlier this month.
The Republican-controlled House passed its version of the bill, but will still need to take up changes made in the Senate.
The legislation would require federal authorities to detain migrants accused of crimes such as shoplifting, as well as offenses that injure or kill someone, and would grant states new legal standing to challenge federal immigration decisions, including by immigration judges.
Critics of the bill say that provision will open the door for Republican state attorneys general to wage a legal battle against federal immigration decisions, injecting even more uncertainty and partisanship into immigration policy.
The foreign-born population in the U.S. was estimated to be 46.2 million, or almost 14% of the U.S. total, in 2022, according to the Census Bureau, including about 11 million people in the country illegally. Despite immigrants in the country illegally getting charged with high-profile crimes, academic studies have generally found no link between immigration and violent crime numbers. Studies that established a link have tended to say that immigration leads to less crime, not more.
Deporting millions of migrants or enforcing the new measure will largely depend on Congress’ ability to allocate $100 billion. Republicans are debating how to approve that money through a process known as budget reconciliation that will allow them to squeeze it through Congress purely on party-line votes.
That won’t be easy in the House, where Republicans hold the majority by just a few seats.
Currently, the Laken Riley Act has no funding attached to it, but Democrats on the Appropriations Committee estimate the bill would cost $83 billion over the next three years, according to a memo obtained by the Associated Press. U.S. Immigration and Customs Enforcement has estimated it would need to nearly triple the number of detention beds and conduct more than 80 removal flights per week to implement the requirements, according to the memo.
“That’s a lot of money to spend on a bill that is going to cause chaos, punish legal immigrants, and undermine due process in America — all while drawing resources away from true threats,” said Washington Sen. Patty Murray, the top Democrat on the Senate Appropriations Committee, in a floor speech last week.
Groves writes for the Associated Press.