Congress has given its approval to a bill on Wednesday, which allows for the detention of undocumented immigrants who have been accused of even minor crimes. Notably, two Texas Democrats voted in favor of this bill.
The Laken Riley Act was successfully passed by the U.S. House on Wednesday afternoon with a vote of 263-156. This bill received support from 46 Democrats, with U.S. Representatives Henry Cuellar of Laredo and Vicente Gonzalez of McAllen being among those who voted in favor of it.
Supporters have been actively working towards making the bill aimed at undocumented immigrants the top priority of President Donald Trump’s second term. President Trump, during his campaign, emphasized mass deportations and strengthening border security, and now many of his Republican allies in Congress are eager to lend their support by pushing this legislation forward. It is estimated that there are over 11 million undocumented immigrants residing in the United States, with a significant portion of them, around 1.6 million, living in Texas.
The bill is now on its way to President Trump’s desk for his signature. On Monday, the bill received support from 12 Democratic senators, who joined all Republicans in voting in favor of it in the U.S. Senate.
The bill honors the memory of Laken Riley, a nursing student from Georgia who tragically lost her life to an undocumented immigrant from Venezuela. Its main objective is to compel the Department of Homeland Security to detain undocumented immigrants who have been arrested or charged with crimes such as burglary, theft, larceny, shoplifting, or assaulting a police officer. Additionally, it grants state governments the right to take legal action against the federal government if they believe that border laws are not being adequately enforced.
The bill does not provide funding to expand detention capacity. Increasing funding for immigration enforcement is a key focus for Republicans as they develop their budget plans for the year.
The bill stands on its own and should not be confused with other similar legislation that was recently passed in the House. This separate bill focuses on the deportation of migrants convicted of sex crimes or domestic violence. Representatives Cuellar, Gonzalez, and Johnson were among the Democrats who supported this bill, joining forces with Republicans in its passing. The bill has now moved on to the Senate for further consideration.
Both Sens. John Cornyn and Ted Cruz have been strong proponents of imposing stricter penalties for criminal activity committed by undocumented immigrants. In line with this stance, Cornyn has proposed an amendment to the act, which aims to classify assaulting a law enforcement officer as one of the punishable crimes.
In 2020, Cruz put forth the Justice of Jocelyn Act, a bill named after Jocelyn Nungaray, a 12-year-old resident of Houston who tragically lost her life in June. The murder case involved two individuals from Venezuela who were undocumented immigrants and were subsequently charged for the crime.
The Justice for Jocelyn Act aims to ensure the detention of all migrants by the Secretary of Homeland Security, except when there is a lack of space. Additionally, it proposes the implementation of tracking devices and curfews for migrants who are not in detention. Furthermore, the bill calls for the deportation of migrants who do not comply with their release order.
Many Democrats who voted for the Laken Riley Act represent highly contested districts, where Republicans have criticized them for not taking a tough enough stance on border security. Gonzalez’s district was a major target for Republicans in Texas during this year’s elections, and Cuellar is expected to face similar targeting in the upcoming elections. Both of these districts were won by Trump and have shifted significantly towards the right in recent times.
Cuellar and Gonzalez have defied their party on several votes concerning the border and other topics that Republicans focused on during their campaign, such as transgender rights. Notably, Cuellar established a task force called Democrats for Border Security in the previous year.
But some Democrats argue that the bill is nothing more than an attempt to spread fear. According to a study conducted by the National Institute of Justice, undocumented immigrants actually have a lower crime rate compared to U.S.-born citizens. It’s worth noting that the Laken Riley Act does not provide any exceptions for recipients of Deferred Action for Childhood Arrivals (DACA), a program that offers protection from deportation to individuals who entered the country illegally as children.
“It makes it so that immigrants, including dreamers, who are supposed to be protected from deportation, if they were accused of a crime like shoplifting, even if they didn’t do it, that they and their families’ lives could be ruined by deportation.” said U.S. Rep. Greg Casar, D-Austin. “Laken Riley’s killer was tried and convicted and sentenced to life in prison, and he should be convicted and held accountable for this horrific killing. But the Laken Riley Act has nothing to do with her.”
