Federal legislators approve migrant detention legislation, which Homeland Security states may exceed their capacity without additional support resources.
In a move aimed at bolstering immigration enforcement, Congressional Republicans are drafting new legislation in line with President Trump's enforcement plans. Known as the Laken Riley Act, this bill has recently garnered significant attention following the tragic murder of a 22-year-old nursing student, Laken Riley, by an undocumented immigrant in February 2024.
The bill, which has been approved by the Senate with a vote of 64-35 and passed by the House with a vote of 263-156, seeks to grant the U.S. Immigration and Customs Enforcement (ICE) additional staff and enhanced arrest and detention capabilities for unauthorized migrants.
According to ICE's fiscal 2024 budget justification, more than 8,500 employees currently work on enforcement and removal operations. If enacted, the Laken Riley Act would mandate ICE to hire an additional 7,000 attorneys and support personnel to handle immigration proceedings. The organization, which has been substantially expanded and empowered under the Trump administration, would also need 110,000 more detention beds and over 10,000 enforcement and removal operations personnel to implement the bill, as reported by NPR.
The bill stipulates detention of undocumented immigrants who have been charged with, arrested for, or convicted of assaulting a law enforcement officer or any crime that results in another person's death or serious injury. It also necessitates the Homeland Security Department to detain undocumented individuals charged with, arrested for, or convicted of burglary, theft, larceny, or shoplifting.
However, opponents contend that the measure would unfairly target individuals who haven't yet been convicted of a crime. For instance, the killer of Laken Riley, who was found guilty and sentenced to life without parole, had been previously cited for shoplifting.
The Congressional Budget Office (CBO) estimates that the version of the Laken Riley Act from the 118th Congress would cost less than $500,000 between 2024 and 2029. Conversely, the bill would cost an estimated $26.9 billion to enforce in its first year, according to an internal ICE document. The CBO predicts the measure's detention requirements to supplant, rather than augment, the number of detained migrants.
ICE did not respond to a request for comment. Senate Majority Leader John Thune, R-S.D., stated that Republicans are working on a bill that will provide ICE with additional agents and detention capacity.
Advocates argue that the Laken Riley Act could have averted Laken Riley's death. ICE's annual budget is approximately $9 billion, according to a December agency report. With the potential to significantly increase deportations and detentions, the Laken Riley Act remains a contentious issue in the ongoing debate over immigration policy.
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