The Laken Riley Act cleared its first hurdle in the Senate on Thursday after Democrats overwhelmingly crossed the aisle to vote in favor of proceeding to debate the Republican-led bill that would crack down on illegal immigration.
The measure easily cleared the 60-vote filibuster threshold in a vote of 84-9 but marked the first of likely several procedural steps before Senate Republicans can declare victory and send it to the president’s desk.
Under Democratic control, the Senate refused to bring the proposal to the floor last year. However, months after losing their majority to Republicans, 33 Senate Democrats have now sided with the GOP.
“This just shows that Democrats have said they’ve had a communication problem on this issue, and they haven’t. They’re just wrong on this issue, and they know it,” said Sen. Katie Britt (R-AL), the lead GOP sponsor.
Despite the bipartisan backing, most Democrats’ support derived from a desire to amend the bill as it works through the upper chamber and before final passage. Democrats want to include exemptions for so-called Dreamers who were brought into the country illegally as minors by their parents.
“Democrats want to have a robust debate, where we can offer amendments and improve the bill,” said Senate Minority Leader Chuck Schumer (D-NY), who was among the Democrats to vote in favor. “To remind my colleagues: This is not a vote on the bill itself. This is a motion to proceed, a vote that says we should have a debate and should have amendments.”
The bill would require federal authorities to detain illegal immigrants charged, arrested, or convicted of theft-related crimes until deportation and empower states to sue the Department of Homeland Security for harm to citizens caused by illegal immigration. It was named after the 22-year-old Augusta University nursing student killed last year while jogging at the University of Georgia by a Venezuelan illegal immigrant who was previously arrested but released.
Two Senate Democrats, Sens. Ruben Gallego (D-AZ) and John Fetterman (D-PA), have gone so far as to co-sponsor the legislation. Just nine Democratic Caucus members voted no: Sens. Cory Booker (D-NJ), Mazie Hirono (D-HI), Andy Kim (D-NJ), Ed Markey (D-MA), Jeff Merkley (D-OR), Bernie Sanders (I-VT), Brian Schatz (D-HI), Tina Smith (D-MN), and Elizabeth Warren (D-MA).
“If we can’t scrape seven or eight votes out of our caucus, then that’s one of the reasons why we lost [the elections],” Fetterman said prior to the vote.
Opponents have expressed concerns about due process for migrants who would face deportation and fears of politically charged litigation brought by Republican attorneys general against DHS.
Britt called due process concerns “misinformation.”
“If you have an immigration claim, or if you have a claim in criminal court, you have an opportunity to see those claims through,” she said. “This does not halt either one of those processes.”
The inaugural measure for congressional Republicans represents part of a campaign pledge to clamp down on illegal immigration and to make southern border security a priority as they gear up for a GOP trifecta with President-elect Donald Trump back in the White House.
However, Democrats’ hopes for bill alterations are likely to be short-lived. Republicans are vowing to rebuff any amendments proposed by Democrats that they feel would undermine the legislation.
“It’s nice to see that the results of the election in November have changed the thinking of some of my colleagues on the other side of the aisle,” said Senate Majority Whip John Barrasso (R-WY). “To be clear, Senate Republicans will not accept weakening this life-saving legislation.”
Senate Majority Leader John Thune (R-SD) emphasized their willingness to entertain proposed changes from Democrats would be limited because of the measure’s narrow scope, which is not designed to address immigration in a comprehensive fashion or border security. He cautioned against “political showmanship and unrelated efforts that stand in the way of preventing tragedies like this from happening again in the future.”
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Republicans may already have the roughly seven Democratic votes needed to eventually reach final passage without making any changes. Several Democrats, including Sen. Mark Kelly (D-AZ), are prepared to support the legislation in its current form.
“I think that when somebody who is undocumented commits a crime, there should be consequences to that beyond the consequences to a U.S. citizen,” Kelly said.
