WASHINGTON – In a clear move by Republicans to focus on illegal immigration, both chambers of Congress approved the Laken Riley Act, aiming to address crimes linked to immigrants, on Wednesday.

This legislation is anticipated to be the first bill that President Donald Trump signs during his second term. Since taking office on Monday, Trump has already prioritized immigration through various executive actions.

The new law mandates that U.S. Immigration and Customs Enforcement (ICE) detain individuals without legal status who are arrested, charged, or suspected of specific crimes like burglary, theft, shoplifting, or assaulting a police officer.

The House of Representatives passed the bill with a vote of 263-156, following the Senate’s approval of 64-35 the previous day. The bill garnered some bipartisan support, with virtually all Republicans and 46 Democrats in the House, as well as 12 Senate Democrats, voting in favor.

This shift indicates changes in Democrats’ stances on immigration following their disappointing performance in the 2025 elections, where they were unable to regain control of the House and lost the Senate and the presidency.

Democratic Split

Sen. Reuben Gallego, a Democrat from Arizona, co-sponsored the bill alongside Sen. Katie Britt, a Republican from Alabama. Gallego mentioned to POLITICO that there’s been a “misunderstanding” concerning Latino voters’ views on border security.

His constituents want “more Border Patrol, increased border investments and enforcement along with immigration reform,” he expressed.

During a heated discussion before the House vote on Wednesday, multiple Democrats argued that the bill infringes on civil rights by allowing detention based solely on allegations of criminal activity.

“If an accusation is made against someone for shoplifting, that person could be detained at a private facility and deported without ever facing a trial,” warned Rep. Alexandria Ocasio-Cortez, D-N.Y. “This legislation fundamentally undermines a key American principle.”

Research indicates that immigrants do not commit crimes at a higher rate than citizens.

In contrast, Republicans hailed the legislation as a significant success. House Republicans attempted to pass the bill last year but faced obstacles in the Democrat-dominated Senate.

“Individuals who cross our border illegally are not citizens and therefore have no rights here,” stated Rep. Marjorie Taylor Greene, R-Ga. “That’s precisely why, whenever they violate the law or enter our country unlawfully, they should be apprehended and quickly deported.”

Due Process vs. Detention

The principle of due process is applicable to everyone in the U.S., regardless of immigration status, emphasized Sarah Mehta, a senior policy advisor at the ACLU.

“This upcoming law is more extensive than anything we’ve encountered before,” Mehta stated. “It requires the detention of individuals who have been arrested, even if they didn’t commit an offense.”

Currently, Congress funds 41,500 immigration detention beds nationwide, most of which were full by the end of 2024.

Although ICE has expressed concerns regarding the ability of its 6,000 law enforcement officers nationwide to meet the detention requirements without additional funding, they already handle a caseload of approximately 7.6 million undocumented individuals. Most are monitored through alternatives to detention like ankle bracelets and smartphone apps that track their locations.

The Laken Riley Act does not include any provisions for increased funding.

“Ultimately, enhancing detention operations requires more staffing and a budget,” noted Michael Lumpkin, a former ICE chief of staff under the Biden administration. “Hiring new staff takes both time and resources.”

“Congress must take action to expand the workforce, increase detention capacity, and effectively manage both detained and non-detained cases,” he added.