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ken paxton
'Don't Be Fooled': Laken Riley Act Not About Crime by Migrants—It's a Right-Wing Power Grab
"This bill is political grandstanding at its worst," said one lawmaker.
Jan 10, 2025
With the U.S. Senate poised to vote on the Laken Riley Act on Friday, immigrant rights advocates are warning that—despite claims from proponents that the bill is aimed at protecting American communities from violent crime—supporters of the legislation are actually advancing a dangerous "Trojan horse" and securing a power grab for xenophobic right-wing authorities.
The bill is named after Laken Riley, a Georgia woman who was killed last February while she was jogging. Jose Antonio Ibarra, an undocumented immigrant from Venezuela, was convicted of her murder in November, and the case was a focal point of President-elect Donald Trump's campaign last year.
But as Vanessa Cárdenas, executive director of immigrant rights group America's Voice, said Thursday, the bill "is filled with unrelated and sweeping measures that won't improve public safety."
Central provisions in the legislation, which passed in the House on Tuesday with the support of 37 Democrats along with the entire Republican caucus, would require immigration officers to detain undocumented immigrants who are accused of theft, including shoplifting—an apparent response to the fact that Ibarra was cited for shoplifting in Georgia but was not detained before he killed Riley.
Critics have expressed outrage over the provision, with Cárdenas saying it would trample "important due process principles—greenlighting detention and deportation for those accused, rather than convicted of low-level crimes."
"It's no surprise Republicans are continuing to exploit a horrific act of violence and portray immigrants as dangerous threats to America, despite the reality that immigrants have a lower crime rate than the native-born," said Cárdenas. "And it also should be no surprise to any close observers of right-wing politics that the bill being pushed this week doesn't seek to improve public safety or even focus on public safety threats."
At Arizona Republic, editor Elvia Díaz advised readers, "Don't be fooled by soundbites."
"Republicans and now Democrats, too, want you to believe the Laken Riley Act is about deporting shoplifters," she wrote. "It's a power grab by states to dismantle federal authority over immigration enforcement."
In a column at MSNBC on Wednesday, Aaron Reichlin-Melnick, a senior fellow at the American Immigration Council, wrote that Republicans pushing the bill are asking the question: "Who runs the U.S. immigration system?"
The answer, backed up by numerous courts, has been the federal government, but the bill would give broad new authorities to state officials, such as attorneys general, to file legal challenges in order to have specific immigrants detained and to force the State Department to block visas from countries that won't accept immigrants who are deported.
"Giving states a veto power over thousands of decisions made every day by federal law enforcement officers and leaders will complicate immigration issues in every community and threaten to set off international incidents which could hurt U.S. interests around the globe," wrote Reichlin-Melnick.
The visa provision could impact countries such as China and India, which have "historically not cooperated fully with the United States on deportations," and where more than 1.8 million immigrant and short-term visas were issued to nationals in 2023.
"Because the United States is so intertwined with these countries, administrations of both parties have been unwilling to threaten blanket visa bans as a punishment for not accepting deportees," wrote Reichlin-Melnick. "Yet should the Laken Riley Act become law, that decision may no longer be in the hands of our nation's top diplomats and law enforcement officers; it could be in the hands of a single federal district court judge in Texas or Louisiana."
He continued:
What could this look like in practice? Imagine a person from China living in Texas on an H-1B visa who commits an offense that leads to a deportation order. If China does not accept the deportation, [Texas Attorney General] Ken Paxton could go to court seeking to force the federal government to ban all visas from China (or maybe just all H-1B visas) without having to worry about taking the blame for the economic or diplomatic fallout to the United States.
"What happened to Laken Riley was a terrible tragedy, and the perpetrator has been sentenced to life in prison for his heinous acts," wrote Reichlin-Melnick on Wednesday. "But just as Willie Horton's bad acts decades ago were not a justification for supercharging a system of mass incarceration, the heinous acts of Jose Ibarra should not be an excuse to flip our system of constitutional governance on its head and empower individual states and federal judges to run immigration law."
Rep. Jim McGovern (D-Mass.), who opposed the bill this week, said he has heard from "a lot of people who say they support this bill, but who don't seem to know what it really does."
"For example, if this bill is signed into law, a 12-year-old kid brought here by a parent could be LOCKED IN ICE DETENTION if they are accused—not even convicted, simple accused—of stealing a candy bar," McGovern said in a post on X, referring to U.S. Immigration and Customs Enforcement..
Kylie Cheung of Jezebel pointed out that while Republicans have held the Laken Riley Act up as essential legislation to protect women from violence, "these lawmakers don't care about women's safety or high rates of femicide perpetrated by people with citizenship—they've cut all actual resources for victims. They just want to gut basic civil liberties."
Immigration attorney Ben Winograd of the Immigrant & Refugee Appellate Center offered a hypothetical scenario under the bill: "Imagine a man who is a U.S. citizen marries a woman who entered the country illegally. He abuses her constantly, and after learning that she intends to leave him, he calls the police and (falsely) claims that she stole some of his property."
"If the police arrest the woman, she would be subject to mandatory detention while in removal proceedings—even if the police determined that the accusation was bogus," said Winograd. "The Laken Riley Act would allow any person with a grudge against an undocumented immigrant to make them subject to indefinite mandatory detention simply by leveling a false accusation of theft."
All the Senate Republicans are sponsoring the bill, which was cleared for a vote on Thursday, with Sens. John Fetterman (D-Pa.) and Ruben Gallego (D-Ariz.) joining them. In order to overcome a filibuster the GOP needs just six more Democrats to support the legislation.
Sen. Andy Kim (D-N.J.), one of nine senators who opposed advancing the bill on Thursday, said he is in favor of "bipartisan action to fix our broken immigration system."
"I stand ready to work across the aisle to get it done," he said. "Let's start from a foundation grounded in our Constitution."
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Texas Lawsuit Against New York Doctor Tests Abortion Provider Shield Laws
"It is important to remember that Dr. Carpenter did nothing wrong," said one legal expert. "Texas is trying to apply its laws extraterritorially."
Dec 13, 2024
"Time for shield laws to hold strong," said one reproductive rights expert on Friday as Texas Attorney General Ken Paxton announced a first-of-its-kind lawsuit against an abortion provider in New York.
Paxton is suing Dr. Margaret Daley Carpenter, co-founder of the Abortion Coalition for Telemedicine (ACT), for providing mifepristone and misoprostol to a 20-year-old resident of Collin County, Texas earlier this year.
ACT was established after the U.S. Supreme Court overturned Roe v. Wade in 2022, with the intent of helping providers in "shielded states"—those with laws that provide legal protection to doctors who send abortion pills to patients in states that ban abortion, as Carpenter did.
New York passed a law in 2023 stipulating that state courts and officials will not cooperate if a state with an abortion ban like Texas' tries to prosecute a doctor who provides abortion care via telemedicine in that state, as long as the provider complies with New York law.
Legal experts have been divided over whether shield laws or state-level abortion bans should prevail in a case like the one filed by Paxton.
"What will it mean to say for the GOP to say abortion should be left to the states now?"
"It is important to remember that Dr. Carpenter did nothing wrong," said Greer Donley, a legal expert and University of Pittsburgh law professor who specializes in reproductive rights. "She followed her home state's laws."
The Food and Drug Administration also allows telehealth abortion care, "finding it safe and effective," Donley added. "Texas is trying to apply its laws extraterritorially."
In the Texas case, the patient was prescribed the pills at nine weeks pregnant. Mifepristone and misoprostol are approved for use through the 10th week of pregnancy and are more than 95% effective.
The patient experienced heavy bleeding after taking the pills and asked the man who had impregnated her to take her to the hospital. The lawsuit suggests that the man notified the authorities:
The biological father of the unborn child was told that the mother of the unborn child was experiencing a hemorrhage or severe bleeding as she "had been" nine weeks pregnant before losing the child. The biological father of the unborn child, upon learning this information, concluded that the biological mother of the unborn child had intentionally withheld information from him regarding her pregnancy, and he further suspected that the biological mother had in fact done something to contribute to the miscarriage or abortion of the unborn child. The biological father, upon returning to the residence in Collin County, discovered the two above-referenced medications from Carpenter.
In the lawsuit, Paxton is asking a Collin County court to block Carpenter from violating Texas law and order her to pay $100,000 for each violation of Texas' near-total abortion ban.
Carpenter and ACT did not immediately respond to a request for comment on the case.
Caroline Kitchener, who has covered abortion rights for The Washington Post, noted that lawsuits challenging abortion provider shield laws were "widely expected after the 2024 election."
President-elect Donald Trump has said abortion rights should be left up to the states, but advocates have warned that the Republican Party, with control of the White House and both chambers of Congress, is likely to push a national abortion ban.
"The truce over interstate abortion fights is over," said legal scholar Mary Ziegler, an expert on the history of abortion in the U.S. "Texas has sued a New York doctor for mailing pills into the state; New York has a shield law that allows physicians to sue anyone who sues them in this way. What will it mean for the GOP to say abortion should be left to the states now?"
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All But 3 State Attorneys General Call for Peaceful Transfer of Power, Condemn Political Violence
The three Republicans who didn't join the statement "presumably want violence," said one critic.
Nov 05, 2024
A bipartisan group of attorneys general on Monday led the vast majority of the United States' top state-level legal officials in releasing a statement calling for a peaceful transfer of power regardless of the presidential election results—but three Republican attorneys general were conspicuously absent from the list of signatories.
Ken Paxton of Texas, Todd Rokita of Indiana, and Austin Knudsen of Montana did not add their names to the statement, which condemned "any acts of violence related to the results."
"A peaceful transfer of power is the highest testament to the rule of law, a tradition that stands at the heart of our nation's stability," said the officials. "As attorneys general, we affirm our commitment to protect our communities and uphold the democratic principles we serve."
The statement was released a day after Republican presidential nominee Donald Trump said at a rally that he wouldn't mind journalists getting shot and that he "shouldn't have left" the White House after he was voted out of office in 2020.
Trump urged thousands of his supporters to descend on the U.S. Capitol on January 6, 2021 to try to stop Congress from certifying President Joe Biden's electoral victory, and has continued to claim he was the true winner of the 2020 election.
Election experts have said in recent weeks that Trump has been setting the stage for the same baseless claims of election fraud and vote-stealing that he and his allies spread in 2020—telling supporters that Democratic Vice President Kamala Harris will only win the election if Democrats cheat and saying, along with his running mate, Sen. JD Vance (R-Ohio), that he will only accept the election results if he views them as "fair and legal."
The attorneys general—representing 48 states, the District of Colombia, American Samoa, the Northern Mariana Islands, and the U.S. Virgin Islands—called on Americans "to vote, participate in civil discourse, and, above all, respect the integrity of the democratic process."
"Let us come together after this election not divided by outcomes but united in our shared commitment to the rule of law and safety of all Americans," they said. "Violence has no place in the democratic process; we will exercise our authority to enforce the law against any illegal acts that threaten it."
The statement was spearheaded by two Democrats—Ellen Rosenblum of Oregon and William Tong of Connecticut—and two Republicans, Dave Yost of Ohio and Kris Kobach of Kansas. Kobach notably led a so-called Election Integrity Commission during Trump's term in the White House, searching unsuccessfully for evidence that the Republican was the true winner of the national popular vote in 2016.
Of the attorneys general who did not join the statement, Rokita and Knudsen are up for reelection on Tuesday.
Indiana-based author Steve Tally said Rokita, Knudsen, and Paxton "presumably want violence" and urged voters to oppose the state attorneys general.
"Where is the Indiana secretary of state and attorney general on this one?" said Destiny Wells, the Democratic candidate challenging Rokita. "Oh that's right, it's their team."
In Texas, Paxton has been a vehement supporter of Trump, announcing Monday he would deploy an "Election Day Rapid Response Legal Team" to polling places and suing the Biden-Harris administration over plans to send federal election monitors to Texas.
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