Last week, Republicans in the U.S. Senate, along with support from some Democratic Senators, voted to advance the Laken Riley Act to a full debate in the Senate.
The Laken Riley Act, a controversial immigration bill named after a 22-year-old nursing student who was murdered by a Venezuelan man who had entered the U.S. illegally, does two things in its current form: requiring the detention of a broad array of migrants, including those permitted entry in the U.S. via asylum, if they have been accused of shoplifting, theft, burglary, or a violent crime and allows state attorneys general to sue to have those laws enforced outside their jurisdictions.
The bill effectively suspends the right to due process for immigrants as it requires the detention of those who have been merely charged or arrested, whether or not an individual has been convicted of such a crime.
News outlets have rightly identified several Senate Democrats as being instrumental in moving the bill forward, namely Pennsylvania Sen. John Fetterman and Arizona Sen. Ruben Gallego. However, some publications have overstated the legislation’s support by key senators, like Colorado’s John Hickenlooper.
On Friday, a spokesperson for Hickenlooper’s office confirmed to CTR that the senator “would not vote for [the Laken Riley Act] in its current form” and that he would be seeking amendments to the act before even considering giving his support to the bill.
The former governor turned senator considers immigration reform to be a priority for both sides of the aisle and would like to work with his colleagues to find “common-sense solutions” on the issue.
One of the loudest voices supporting the bill, Sen. John Barrasso (R-Wyoming) said that he and members of his caucus would not accept any attempt to amend the bill.
“There are some Democratic Senators who say that they support the Laken Riley Act, but they want to weaken it. Well, to be clear, Senate Republicans are not weakening this lifesaving legislation,” Barrasso defiantly told the Senate.
Some Senate Democrats have taken the stance that the Laken Riley Act is salvageable with key amendments, such as amendments to protect DACA recipients and curtail government overreach. Still, other Democrats see the bill as an overzealous piece of legislation that grants state attorneys general and municipalities the power to push for “mass deportation”, that forgoes due process for the accused.
Rep. Pramila Jayapal (D-Washington) said of the proposed law in an MSNBC interview:
“It is essentially a highway to mass deportation, and you can have any number of people picked up and put into the criminal justice system simply for being accused, with no conviction, no admission of guilt.”
“Right now, if you are picked up on shoplifting or theft, and you are actually convicted of that, you are mandatorily detained. If you are picked up and you admit to the crime, you are mandatorily detained. This says you can just be accused,” Jayapal added. “And so it is really a massive overstretch,” she added. “It is a real problem, and it is the way that Republicans are trying to expand the ways that you can put an undocumented immigrant into the criminal justice system without even a conviction.”
The bill passed a key procedural vote last week in an 84-9 vote with 33 Senate Democrats — including both Colorado Senators — joining every present Republican senator in favor of advancing the immigration bill.
CTR reached out to Sen. Michael Bennet (D-CO) for comment on advancing the act, but Bennet’s office has yet to respond.
Following significant Democratic losses at the federal level, some Democrats have softened to the Republican-backed bill.
The bill’s supporters argue that the act is about public safety and merely “‘common sense,” yet immigrant rights’ advocates argue that the law violates basic civil liberties. In particular, immigrant advocates object to how the Laken Riley Act mandates detention without bail, bypassing due process and the right of the accused to defend themselves, and granting state attorneys general the ability to effectively overrule federal immigration policy.
One organization that has expressed concern over the Laken Riley Act is the Colorado Immigrant Rights Coalition (CIRC), a Colorado-based immigrant advocacy organization.
In an interview, Nicole Cervera Loy, the Policy & Campaigns Manager at CIRC, expressed concern over how the Laken Riley Act would hurt immigrants and Colorado communities, and her disappointment in Colorado’s Senators appearing to soften on upholding the rights of immigrants.
“Our main concerns are that [the Laken Riley Act] would allow the executive branch to be involved within immigration policy in a way that has never existed before,” Cervera Loy explained. “The bill allows states standing to sue the federal government over pretty much anything related to immigration actions ranging from detention to visa policy to decisions on individual immigration cases. This is a power that has never existed before.”
Cervera Loy further stated the issues the legislation tries to solve are already managed through existing U.S. law.
“The bill is very duplicative. There is already authority in our statutes, our federal law, that you get mandatory detention if you have committed a crime in the U.S., then there’s a different process for [DACA recipients],” Cervera Loy said. “If you have DACA and you commit a crime, it’s over. A lot of different visas if you have a criminal record. So this law is not really doing anything [in regards to public safety].”
Cervera Loy speculated that the point of the bill was to reiterate existing laws in an attempt to amplify them; however, she was concerned over how the Laken Riley Act would curtail civil liberties.
“Right now, if you are charged and arrested, you are able to have due process. You have to go to court, then you have to be sentenced if you have committed a crime, a misdemeanor, a felony, what have you,” Cervera Loy continued. “Then it impacts your immigration case. You have to go through due process for that to happen. [The Laken Riley Act] requires a ‘no bond’ detention solely on the basis of being charged or arrested. It means we immediately can get detained by ICE if we are even suspected on the basis of a charge or arrest.”
Cervera Loy further added that the majority of people in ICE detention, over 60%, don’t even have a misdemeanor, saying “It’s a very, very minor crime that these people are in ICE detention for, there’s barely anyone who has a felony.”
While she says she understands how some Democrats and senators feel about the bill, Cervera Loy believes that the Laken Riley Act would only scapegoat immigrants, doing a disservice to the woman the act is named after.
Cervera Loy explained that there are plenty of ways that this law could be wielded against immigrant communities. According to Cervera Loy, there are “already law enforcement agencies that do use their power” to go after law-abiding immigrants simply because of their immigration status.
Cervera Loy emphasized her disappointment in Colorado’s senators appearing to soften on upholding the rights of immigrants, saying that while she was able to speak with Hickenlooper’s office, they were not able to get in contact with Bennet’s.
“It feels very disappointing. … We felt like we made a compelling argument. We had a community member express how in her county there’s already a tense situation with law enforcement because that county is itself practicing, to a certain degree, detainers, even though they’re not supposed to,” Cervera Loy told CTR.
According to Cervera Loy, she felt that the conversation with Hickenlooper was inconclusive.
“Obviously, senators aren’t going to share their strategy with us, but we were very clear that all this [bill] was saying was, ‘Yes, immigrants are a problem, immigrants are criminals and they need to be treated as such without due process. Despite our concerns, I feel like we’re ignored.”
CIRC has previously taken an active role in urging members of the Colorado delegation to push for comprehensive immigration reform. But with some members of the Democratic Caucus appearing to change their tune, the organization has become skeptical of the Democratic leadership’s commitment to the issue.
Moving forward, Cervera Loy says that CIRC’s strategy will rely less on changing elected officials minds. She says they will continue to run their campaigns, their memberships, and have their community reach out to elected leaders. But at this point, Cervera Loy says “They know what we believe.”
Cervera Loy ended with a message to the Colorado delegation.
“This act, all it does is try and divide us. It’s trying to divide our community. It’s trying to divide us from our representatives, at the state and federal levels. We need to focus on immigration reform, on supporting our communities, and enhancing our laws so that things like [the murder of Laken Riley] don’t happen,” Cervera Loy stated. “But I don’t believe criminalizing an entire population that will largely be based on the color of our skin is going to for helpful for us. Nor do I think that legislation that includes states being able to deny a person or be able to sue for immigration cases is helpful or going to achieve what they want, which is safety. This act has nothing to do with safety, and all that is does is demonize our communities.”
Today, the Senate begins a full debate on the Laken Riley Act with the opportunity for amendments to be added. Senate Republicans have taken the stance that they will not compromise any aspect of this legislation as they see it as weakening the bill.
