The Senate voted 84-9 to begin debate on the House-passed Laken Riley Act (H.R. 29). The bill will fundamentally reorient the balance of power between states and the federal government on many immigration issues by giving states standing to go to court when they are harmed by federal detention and release decisions regarding individual immigrants and when federal officials aren’t fulfilling their duty to screen people seeking to enter the United States. It also gives states a cause of action when federal officials grant parole and when the U.S. government does not impose visa sanctions on countries that fail to cooperate with the U.S. on deportations. Federal judges would have to expedite consideration of cases brought under the bill. State Attorneys General would also be able to sue the federal government over a decision by Homeland Security to release a migrant on bond (without considering whether detention beds are available). In cases of individual immigrants accused of crimes, the bill would take away any discretion from judges over ordering an immigrant detained for shoplifting, theft, and other non-violent crimes.
Senate Minority Leader Chuck Schumer (D-NY) voted to advance the legislation but said, “Democrats want to have a robust debate, where we can offer amendments and improve the bill.” Several Senate Democrats, including Mark Kelly (D-AZ) and John Hickenlooper (D-CO) also voted to proceed to the bill because they want to amend it ahead of a vote on final passage next week to address the status of DREAMERS and to revise states’ ability to sue the federal government over immigration law.