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The bill, noted one opponent, "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."
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."
"I believe America is greatest when we pursue justice, equality, and peace and honor our shared humanity," she added. "This daughter of immigrants, citizen by birthright, and congresista from a district that celebrates our diversity, stands ready to fight for the soul of our nation. Regardless of who is president, I will continue to fight for the policies working people demand: affordable housing and healthcare, good-paying jobs, clean air and water, public safety, and comprehensive immigration reform.""I care about human rights," said the New York congresswoman in response to her Democratic colleague in the Senate. "I care that billions of U.S. tax dollars' worth of weapons are carrying out unspeakable atrocities."
New York Rep. Alexandria Ocasio-Cortez criticized fellow Democrat and Pennsylvania Sen. John Fetterman on Wednesday for failing to hold the U.S.-armed Israeli military accountable for killing and harming civilians in the Gaza Strip.
Ocasio-Cortez's remarks came in response to Fetterman's dismissal of her earlier call for an arms embargo on Israel, which has received billions of dollars worth of weapons and other military aid since the Hamas-led October 7 attack.
"The tragedy in Gaza is 100% on Hamas," Fetterman wrote on social media with a screengrab of a Hill headline outlining Ocasio-Cortez's remarks. "Stop using civilians and hospitals as shields, surrender, and release all remaining hostages—and this ends."
Ocasio-Cortez then retweeted Fetterman's words with her own rebuttal.
"I dunno man. I care about little kids dying," the New York lawmaker replied. "I care about human rights. I care that billions of U.S. tax dollars' worth of weapons are carrying out unspeakable atrocities. I care enough for us to do better."
"Hope this bleak dunk attempt gets you whatever it is you're going for," she concluded.
The exchange comes as Israel has intensified its assault on northern Gaza in recent days, bombing homes and schools-turned-shelters in the Jabalia refugee camp and issuing new evacuation orders for the beleaguered region yet placing snipers on roofs and shooting people who try to flee. On Saturday, the Palestinian Deputy Observer to the United Nations Majed Bamya called Israel's escalation in the north a "genocide within the genocide" and the World Food Program said that no food had been able to reach the area since October 1, warning that the ramped up attacks were having "a disastrous impact on food security for thousands of Palestinian families." However, 50 trucks carrying aid including food were allowed to enter the north on Wednesday.
Ocasio-Cortez's remarks that prompted Fetterman's rejoinder came in response to the weekend's atrocities.
"The horrors unfolding in northern Gaza are the result of a completely unrestrained Netanyahu gov, fully armed by the Biden admin while food aid is blocked and patients are bombed in hospitals," she wrote on social media on Monday. "This is a genocide of Palestinians. The U.S. must stop enabling it. Arms embargo now."
Ocasio-Cortez has been an outspoken critic of Israel's assault on Gaza and the U.S. response. She backed a House resolution calling for a cease-fire weeks into the war, and demanded an end to the flow of weapons from the House floor in March, when she described Israel's actions in Gaza as an "unfolding genocide."
Fetterman, meanwhile, has faced protests from some of his more progressive constituents over his hardline pro-Israel stance.
On Tuesday, news broke that the Biden administration had reportedly written a letter to the Israeli government threatening to cut off the flow of weapons to the country unless it took "urgent and sustained actions" to improve the humanitarian situation in Gaza within 30 days.
"ICC warrants against Israel and Hamas will offer the West a choice: Either torpedo the international criminal justice project they have advanced since 1945 for good or hypocritically demand impunity for Israeli war crimes."
White House Press Secretary Karine Jean-Pierre on Monday reaffirmed the Biden administration's opposition to the International Criminal Court potentially issuing an arrest warrant for Israeli Prime Minister Benjamin Netanyahu or other top officials related to Israel's war on the Gaza Strip.
"Would the U.S. or the White House see any potential arrests by the ICC as an aggravating factor in the negotiations?" one journalist asked about talks to end the bloodshed and free hostages.
Jean-Pierre responded: "So, we've been really clear about the ICC investigation. We do not support it. We don't believe that they have the jurisdiction. And I'm just gonna leave it there for now."
#WATCH | On International Criminal Court's (ICC) investigation into Israel's conduct in Gaza, White House press secretary Karine Jean Pierre says, "...We don't believe is in the ICC jurisdiction in this situation. We do not support the investigation. And I think that kind of… pic.twitter.com/du8NpEtLxj
— ANI (@ANI) April 29, 2024
Asked later about President Joe Biden's Sunday call with Netanyahu and whether the U.S. government is involved in any attempts to avert warrants from the Hague-based court, the press secretary echoed her previous comments.
The exchanges followed reporting that the Israeli government, in partnership with the U.S., is "making a concerted effort to head off" possible arrest warrants from the ICC targeting Netanyahu as well as Israeli Defense Minister Yoav Gallant and Israel Defense Forces (IDF) Chief of Staff Herzi Halevi.
Citing two unnamed Israeli officials, Axiosreported that Netanyahu on Sunday asked Biden to help prevent the ICC from issuing warrants. A spokesperson for the White House National Security Council told the outlet that "as we have publicly said many times, the ICC has no jurisdiction in this situation and we do not support its investigation."
Neither Israel nor the United States is a party to the Rome Statute of the International Criminal Court, the treaty that established the tribunal, but Palestine accepted its jurisdiction over alleged crimes committed "in the occupied Palestinian territory, including East Jerusalem," in 2015.
The ICC formally launched its war crimes investigation in the occupied Palestinian territories in 2021, long before the IDF began its ongoing retaliation for the Hamas-led attack October 7 on Israel. The probe includes crimes going back to June 13, 2014.
Urging Biden "to intervene as part of the administration's ongoing commitment to Israel," U.S. Sen. John Fetterman (D-Pa.) on Monday declared that "it would be a fatal blow to the judicial and moral standing of ICC to pursue this path against Israel."
Mark Kersten, an assistant professor at the University of the Fraser Valley, responded: "Now a Democratic senator is threatening the ICC's very existence if it does what it was created to do: Impartially and independently investigate international crimes, without fear or favor. I hope this grotesque threat and atrocity-denialism is roundly condemned."
Also noting Fetterman's comments, Alonso Gurmendi, a lecturer in international relations at King's College London, said: "They really don't realize just how isolated Western governments are on this. Even among their own populations. This won't be a fatal blow to the ICC. It will relaunch its relationship with the global majority. Fighting this will only isolate and weaken the West further."
In January, the International Court of Justice found that Israel is "plausibly" engaged in genocide in Gaza. As of Monday, the Israeli bombardment and blockade had killed at least 34,488 Palestinians in the Hamas-governed strip, injured another 77,643, left thousands more missing in bombed-out communities, and displaced around 90% of the enclave's 2.3 million people.
Since October, the United States has ramped up its billions of dollars in military support for Israel. The Biden administration has been accused of being complicit in genocide in federal court. The next hearing in the case is scheduled for June.