Quick summary:
• The House passed the Laken Riley Act, mandating the detention of undocumented immigrants charged with crimes, even without conviction.
• The bill empowers state attorneys general to sue the Department of Homeland Security over perceived immigration policy harms.
• Critics, including the ACLU, argue the act violates constitutional due process rights and promotes mass deportations.
• The bill passed with bipartisan support in the House, but it faces a filibuster threshold in the Senate.
• Legal experts warn the act could set a dangerous precedent, eroding broader constitutional protections.
• The bill is named after Laken Riley, whose murder by an undocumented immigrant has been used by Republicans to push anti-immigration policies.
• Human rights groups call the bill a political maneuver to scapegoat immigrants, urging the Senate to reject it.
In a highly charged political move that has sparked widespread condemnation from civil rights groups, the House of Representatives has passed the controversial Laken Riley Act, a piece of legislation that critics say strips undocumented immigrants of constitutional protections and paves the way for mass deportations. Named after Laken Riley, a Georgia nursing student who was tragically murdered in early 2024, the bill passed with bipartisan support and is now headed to the Senate for further deliberation.
“For the children of undocumented families, this bill represents a new wave of fear and instability,” said Sarah Mehta, senior border counsel at the American Civil Liberties Union (ACLU). “It is a dangerous precedent that could lead to sweeping human rights abuses.”
The murder of Laken Riley, committed by an undocumented Venezuelan immigrant, has been used by the GOP as a rallying cry to push anti-immigrant policies. Despite data showing that immigrants commit crimes at significantly lower rates than U.S.-born citizens, Republican lawmakers have weaponized the tragedy to push an anti-immigration agenda.
“Laken Riley’s story is a tragic reminder of what’s at stake when our systems fail to protect people,” said Sen. John Fetterman (D-Pennsylvania), one of the two Democratic senators who have expressed support for the bill. “While immigration makes our country great, we must ensure we have the tools to prevent future tragedies.”
The GOP, led by House Speaker Mike Johnson, has framed the Laken Riley Act as a public safety measure aimed at addressing crime committed by undocumented immigrants. However, civil rights advocates argue that the bill’s provisions are far more extreme than necessary.
“We’re going to detain and deport illegal aliens who commit burglary, theft, larceny, shoplifting, certainly vicious and violent crimes, and I can’t believe anybody would be opposed to that,” said Johnson ahead of the vote.
The Laken Riley Act mandates the Department of Homeland Security (DHS) to detain undocumented immigrants who are charged with crimes — regardless of whether they are convicted. Critics have pointed out that this provision violates due process rights protected under the U.S. Constitution.
The bill also empowers state attorneys general to sue DHS if they believe federal immigration policies have harmed their state. This controversial provision has been flagged as a dangerous expansion of power that could allow far-right officials to impose harsh immigration measures.
Aaron Reichlin-Melnick, senior fellow at the American Immigration Council, expressed concerns about the broad scope of the bill.
“The Laken Riley Act creates a sweeping state AG enforcement authority,” Reichlin-Melnick said. “It could allow someone like [Texas Attorney General] Ken Paxton to sue to force the U.S. to block all visas from China. I am not making this up; that’s an authority it would grant any state AG.”
The bill passed the House with a 264-159 vote, with all voting Republicans and 48 Democrats supporting its passage. It now faces a difficult path in the Senate, where it must overcome a 60-vote filibuster threshold.
Speaker Mike Johnson praised the bipartisan support, calling on more Democrats to join Republicans in the vote. “This will be a telling vote,” Johnson said.
However, several Democratic lawmakers spoke out against the bill, highlighting its potential to erode constitutional protections.
“The bill serves as a license to discriminate against our immigrant communities, including Dreamers,” said Rep. Yassamin Ansari (D-Arizona). “Under this legislation, someone charged — just charged, not found guilty — could be immediately deported. This is a gross miscarriage of justice.”
Human rights organizations, including the ACLU and the National Immigration Law Center, have condemned the bill as a cynical political maneuver that scapegoats immigrants.
“This is the first immigration bill of the new Congress, and if passed, it will strengthen President-elect Trump’s hand in unleashing mass deportations on our communities,” said Mehta.
The bill mandates mass detention for individuals accused of nonviolent crimes like theft. Critics argue that such policies would overwhelm the immigration system and create humanitarian crises.
“Detaining a mother who admits to shoplifting diapers for her baby, or elderly individuals who admit to nonviolent theft when they were teenagers, is wasteful, cruel, and unnecessary,” Mehta added.
The bill’s fate in the Senate is uncertain. While two Democrats — John Fetterman and Gary Peters (D-Michigan) — have expressed support, it still requires additional Democratic votes to overcome a filibuster.
Sen. Fetterman framed his support for the bill as a way to prevent future tragedies like Riley’s murder, while acknowledging the need for comprehensive immigration reform.
“While we work on comprehensive solutions to our broken system, this bill gives authorities the tools to prevent tragedies like this one,” Fetterman said.
Legal experts warn that the Laken Riley Act sets a dangerous precedent that could erode broader constitutional protections beyond immigration.
Rep. Chrissy Houlahan (D-Pennsylvania) called the bill a “slippery slope” that could dismantle due process rights for all residents.
“I encourage people to read the text, which clearly shows how the bill removes the right to due process,” Houlahan said.
The passage of the Laken Riley Act marks a return to the harsh immigration policies of the Trump administration. With Trump set to return to the White House later this month, Republicans have pledged to prioritize border security and mass deportations.
“The Laken Riley Act is a manifestation of cynical politics,” the National Immigration Law Center said in a statement. “This bill is not a public safety measure, but rather an attack on established constitutional protections that would do nothing to keep communities safe if enacted into law.”
As the Senate prepares to vote, human rights organizations and immigration advocates are urging lawmakers to reject the bill and protect constitutional rights.
“Americans must speak out against this dangerous legislation,” said Mehta. “The Laken Riley Act is not just an attack on immigrants — it’s an attack on the very principles of justice and fairness that our nation stands for.”
Five Things to Know about the Laken Riley Act.
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