12 Senate Democrats Help GOP Pass Laken Riley Act as Trump Takes Office

A dozen U.S. Senate Democrats on Monday helped the GOP pass the Laken Riley Act—an immigration bill decried as a far-right power grab—just hours after Republican President Donald Trump was sworn in for a second term.

Those 12 Democrats are Sens. Catherine Cortez Masto (Nev.), John Fetterman (D-Pa.), Ruben Gallego (Ariz.), Maggie Hassan (N.H.), Mark Kelly (Ariz.), Jon Ossoff (Ga.), Gary Peters (Mich.), Jacky Rosen (Nev.), Jeanne Shaheen (N.H.), Elissa Slotkin (Mich.), Mark Warner (Va.), and Raphael Warnock (Ga.). Fetterman and Gallego co-sponsored the bill.

A version of the legislation—named for a 22-year-old woman murdered by a Venezuelan migrant in Georgia last year—was passed by the House of Representatives earlier this month in a 264-159 vote, with support from 48 Democrats. However, it must be approved by the chamber again before it will head to Trump's desk.

"I just voted against the Laken Riley Act," said Senate Judiciary Committee Ranking Member Dick Durbin (D-Ill.). "This bill won't accomplish its goals. I'm disappointed in its passage as it stands, and I'm deeply concerned about how it will be implemented."

Writing to members of Congress ahead of the Senate's 64-35 vote, over 70 national groups said that "the senselessness of the murder of Laken Riley does not justify making unprecedented changes to immigration detention laws that—like all mandatory incarceration provisions—will only result in more discrimination while doing little to increase public safety."

Urging lawmakers to oppose the bill the coalition explained:

S. 5 would require the mandatory detention—without any possibility of bond—of undocumented persons who are merely arrested for or charged with certain offenses, including misdemeanor shoplifting. It does not require conviction. There is no statute of limitations, and the bill does not specify any process by which a person might contest either their immigration detention or the underlying criminal charges (if charges are even pursued). Mandatory immigration detention on the basis of a mere arrest is unprecedented, and it would invite abuses that almost certainly would disproportionately impact people of color.

We are also concerned with language in the bill that would give states standing to sue the federal government over any allegation that the federal government is improperly implementing immigration laws, such as detention and removal provisions, visa provisions, or its discretionary parole authority. This language would open the floodgates to litigation, and it would enable individual states to shape federal immigration policies.

"Laken Riley should be with us today. Her murder is a tragedy, and the perpetrator should be held fully accountable," said Sen. Jeff Merkley (D-Ore.) after the vote. "The Laken Riley Act, however, has some egregious provisions that will have dramatic consequences beyond its stated goal of locking up undocumented individuals like the man who murdered Laken Riley. Specifically, it requires mandatory imprisonment for undocumented children who have never been charged with or convicted of a crime. This is twisted."

"We've seen time and again the damage the federal government can cause our children with dangerous immigration policies like this," he added. "I will continue to champion proposals that keep all of us safe, fix America's broken immigration system, and strengthen our border security. Our families and communities demand nothing less."

The Senate vote came as Trump began imposing his anti-immigrant agenda with a slew of executive orders. The Republican, who campaigned on mass deportations and ending birthright citizenship, is expected to sign the Laken Riley Act once it reaches him.

"Trump's first actions as president show us exactly who he is and what he believes about America," said Congresswoman Delia Ramirez (D-Ill.). "While he talked about unity, he used his first moment in the office to stoke fear and fuel division. While he talked about a 'golden age,' he signed unconstitutional and un-American executive orders that gut equality initiatives, criminalize immigrants, end asylum, roll back climate protections, and endanger our national security. There is nothing great about an America that denies peoples' civil rights, refuses refuge to the persecuted, or denies future generations clean air and water."