Nine Democratic senators and one independent voted against considering the Laken Riley Act during its second procedural vote in the Senate, as the motion to proceed with debating the legislation passed 82-10.

The bill is named after Laken Riley, a 22-year-old nursing student who was murdered in February 2024 while jogging on the University of Georgia campus. In November, Jose Ibarra, a 26-year-old undocumented migrant from Venezuela, was convicted of 10 charges including murder, kidnapping with bodily injury, aggravated assault with intent to rape and tampering with evidence. He received a sentence of life without parole.

Laken Riley Act Explained

The bill, reintroduced to Congress by Georgia Republican Representative Mike Collins on January 6, focuses primarily on mandating Immigration and Customs Enforcement (ICE) detention of illegal immigrants arrested or charged with theft or similar offenses.

Alabama Senator Katie Britt, who first introduced the bill, argues this provision could have prevented Riley’s death, noting that her killer, Ibarra, had been detained three times since entering the U.S. illegally but was released by Border Patrol and police in both New York and Georgia.

A second key provision would grant state attorneys general the authority to sue the Department of Homeland Security (DHS) or its secretary for failing to enforce the detention mandate. These lawsuits could result in injunctions blocking visa issuance from countries where migrants suspected of crimes originate.

Immigration attorneys and advocacy groups have raised concerns that this provision would disrupt the federal management of immigration by giving states influence over visa allocations.

Why It Matters

The Laken Riley Act is the first piece of legislation to pass through the new Republican-controlled Congress and comes as a statement of the party’s intent to tackle immigration quickly.

The policy area was among President-elect Donald Trump‘s key talking points while on the election campaign trail, promising to carry out mass deportations of illegal immigrants. The bill’s progression represents a significant test of the new Congress’ ability to enact stricter immigration enforcement, particularly as Democrats seek amendments to modify its provisions.

Senators Who Said No

• Bernie Sanders (VT, Independent)
• Elizabeth Warren (MA)
• Cory Booker (NJ)
• Andy Kim (NJ)
• Ed Markey (MA)
• Ben Ray Luján (NM)
• Tina Smith (MN)
• Mazie Hirono (HI)
• Brian Schatz (HI)
• Jeff Merkley (OR)

Other Democrats, including Washington Representative Pramila Jayapal, have come out against the bill, saying it potentially erases due process for immigrants and could lead to increased racial profiling by immigration officials.

What People Are Saying

Senator Chris Murphy, Democrat from Connecticut: “The Laken Riley Act needs to be fixed. It does not work on paper right now. It creates more problems than it solves, and it creates enormous chaos in the immigration system.”

Senator John Thune, Republican from South Dakota: “We intend to put them on the record one way or the other … I’ve got to believe there are seven Democrats out there that are going to end up voting with us and turn this into law.”

Senator Dick Durbin, Democrat from Illinois: “That’s why they introduced that bill. It’s a ‘gotcha’ bill. But Thune has said he wants to have amendments and try for bipartisanship. I hope he does.”

What Happens Next

The bill enters its debate phase with Democrats seeking to propose amendments addressing implementation concerns and scope. Republicans need seven Democratic votes to pass the legislation in its current form once their full conference is in place, following Senator-elect Jim Justice‘s coming swearing-in.

At least seven Senate Democrats have already indicated support, including Senators John Fetterman and Ruben Gallego, who both co-sponsored the bill.