On Thursday, the Senate was expected to pass a bill that would require the federal government to detain illegal immigrants who are suspected of criminal activity even if no charges have been filed. A growing number of Democrats expressed support for this Republican-backed measure.
The legislation, named the “Laken Riley Act” after a Georgia college student who was murdered last year by a Venezuelan man previously arrested for shoplifting, passed the House on Tuesday by a vote of 264-159, with 48 Democrats supporting the measure.
The Senate vote came just 11 days before the inauguration ceremony of Donald Trump. Trump campaigned with a promise to crack down on illegal immigration and criminal migrant activity.
Various studies conducted by academics and thought tanks have revealed that immigrants are not more likely to commit crimes than native Americans.
The Senate Republicans currently have a 52-47 majority. They would only need eight Democrats to back the measure in order to reach the 60/100 threshold for most legislation. A few Democrats, such as cosponsors Sen. John Fetterman (D-Pa.) and Sen. Mark Kelly (D-Ariz.), have already expressed support.
When asked by reporters if he’d vote for the bill, Sen. Gary Peters (D-Mich.), shortly after the House vote on Tuesday, said: “It is about border security and keeping Americans secure.”
Peters is part of one-third of the senators who will be up for election in 2020. He is from Michigan, where Trump won by a narrow margin over Vice President Kamalah Harris.
The House passed a similar bill last year, which the then-Democrat-majority Senate ignored. On its second round, 11 more House Democrats backed the bill.
It’s common sense legislation. The American people have spoken on this issue, said Sen. Katie Britt of Arkansas, who sponsored the bill.
Many Democrats view it as a way to sneak racial profiling into law enforcement and as a way of trampling constitutional protections.
Rep. Veronica Escobar (D-Texas) said, “This bill ends the due process for immigrants including DACA recipients.” She was referring to Washington’s Deferred Action for Childhood Arrivals Program, which shields undocumented young immigrants brought into the U.S. by their parents or other adults.
She said the law would force the federal government to “detain individuals indefinitely, even if they are not convicted or charged with a criminal offense.”
Trump uses harsh words to describe immigrants who are in the United States without authorization or those who are awaiting an asylum hearing. He calls them “animals”, when discussing alleged criminal activities.
The fact that the bill is likely to be debated on Thursday does not mean it has enough votes to pass. Leading Democrats will likely insist on amendments to achieve broader immigration legislation.
Sen. Chris Murphy (D-Conn.), one of the few senators to have crafted an immigration and border security bipartisan bill in early 2017 that Trump rejected, said to reporters: “I’m not a fan of [Laken Riley]’s bill, but am open to making it better.”
It was not clear whether the Democrats’ insistent amendments to the bill would slow it down or even kill it.