Democrats have undergone a sea change with legislation to crack down on illegal immigration in the wake of their 2024 election losses.
The groundswell of support among Democrats, or at least their consideration, for the Laken Riley Act raises questions about whether the party is having a one-off moment or evolving in a way that Democratic strategists and centrists say will help win back defected voters.
“There is no indication that the illegal immigrant issue will dissipate in any way, shape or form,” said Democratic strategist Hank Sheinkopf, who advised former President Bill Clinton and former New York City Mayor Michael Bloomberg. “It will just increase the intensity for the Democrats to need to move to the center or become extinct in some cases.”
The Senate last year under Majority Leader Chuck Schumer (D-NY) refused to consider the House-passed Laken Riley Act that would require federal authorities to detain illegal immigrants charged, arrested, or convicted of theft-related crimes until deportation. On Thursday, now-Minority Leader Schumer joined 32 of his Democratic colleagues in voting to advance the same measure in a Republican Senate.
The House passed it 254-159 this week as their inaugural bill of the new Congress with the help of 48 Democrats. Last year, that number was 37 Democrats.
“This just shows that Democrats have said they’ve had a communication problem on this issue, and they haven’t,” said Sen. Katie Britt (R-AL), the lead GOP sponsor in the Senate. “They’re just wrong on this issue, and they know it.”
The Laken Riley Act marks only the beginning of immigration-related bills Democrats will be forced to confront, as President-elect Donald Trump and Republican Hill leaders make combatting illegal border crossings a top priority. House Republicans are gearing up for a slate of related proposals to make deportation easier by defunding sanctuary cities and designating additional crimes as deportable offenses.
The Laken Riley Act was named after the 22-year-old nursing student killed last year while jogging at the University of Georgia by a Venezuelan illegal immigrant who was previously arrested but released. It would also empower states to sue the Department of Homeland Security for harm to citizens caused by illegal immigration.
For Democratic proponents like Sen. John Fetterman (D-PA), one of two Democratic co-sponsors, the legislation is “common sense.”
“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.
Still, there’s evidence to suggest the Laken Riley bill is an outlier for Democrats from the resistance they’re likely to show against the GOP’s more stringent border security proposals, particularly Trump’s vow to use the U.S. military for mass deportations.
“I think the Laken Riley Act is what the lawyers call sui generis — stands by itself,” Democratic strategist Brad Bannon said. “It’s an easy vote for Democrats to say, ‘OK, immigrants convicted of a crime or out on bail can be deported.’ But I think when it gets to more serious stuff like the use of military roundups, it raises constitutional issues that I think Democrats are going to be much more reluctant to accept.”
The Laken Riley Act still has major hurdles to clear in the upper chamber. It remains to be seen if enough Democrats will side with Republicans to provide the 60 votes needed to eventually reach a final vote.
Schumer emphasized his support for advancing it was contingent on making unspecified amendments before final passage, as many other Democrats have said. One desire is to exempt so-called Dreamers, those brought into the country illegally as minors by their parents, from facing detention and deportation if charged or convicted of theft-related crimes. Bannon advised that Democrats use protective legal status for Dreamers as a persistent bargaining chip if Trump and the GOP want their help on immigration bills.
“This is not a vote on the bill itself,” Schumer said, a position that provided political cover for most of his Democratic colleagues to vote with Republicans. “This is a motion to proceed, a vote that says we should have a debate and should have amendments.”
Schumer has not addressed why he declined to advance the Laken Riley Act last year. His office did not respond to a request for comment.
Other Democrats have expressed due process concerns with deporting migrants who have outstanding asylum or criminal cases and are weary of Republican attorneys general filing frivolous lawsuits against DHS. Britt countered that the measure will still allow for immigration and criminal legal cases to play out.
“As the Senate considers this bill, we’re going to get a sense early on whether Democrats are serious about working with us to prevent tragedies like this, or if they simply want to play politics with the issue,” Senate Majority Leader John Thune (R-SD) said.
Despite the sizable shift from Democrats, the party’s progressive flank has refused to budge, particularly those who have previously advocated to defund U.S. Immigration and Customs Enforcement. The nine Senate Democratic Caucus members to vote against the bill included some of the most liberal figures like Sens. Elizabeth Warren (D-MA), Ed Markey (D-MA), and Bernie Sanders (I-VT).
Progressive Caucus Chairwoman Pramila Jayapal (D-WA), a leader of the abolish ICE movement, assailed the Laken Riley Act as a “scheme” to line the pockets of for-profit detention facilities whose companies have donated to Trump.
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Rep. Ilhan Omar (D-MN), a member of the House’s progressive “Squad,” said the legislation would “demonize immigrant communities.”
“This bill expands indefinite detention for undocumented individuals accused of theft and exploits a horrible tragedy for political fodder,” Omar said.
