Democrats will face their first test of how to handle immigration under President-elect Trump on Thursday when the Laken Riley Act becomes the first bill to land in the Senate.
The bill, which would require federal detention of undocumented immigrants accused of theft, burglary and other related crimes, is expected to be the first item voted on by the Republican-controlled Senate.
The measure represents an opening salvo by the modern majority as it seeks to put Democrats in a hard position from the start on an issue that has proven dangerously hard for them during the 2024 election, leaving Trump and Republicans in the process gives buoyancy.
“Everyone has to make their decisions,” said Sen. Peter Welch (D-Vt.), adding that he is not worried about the issue dividing the Senate Democratic caucus. “We have accepted the need for serious immigration reform. Many of us supported the bipartisan immigration bill, which was fairly strict in enforcement.”
Early indications suggest that a sizable group of Democrats could not only vote to advance the bill, but also support the current version in a final vote.
Sen. Katie Britt (R-Ala.), who was among the group of Senate Republicans that reintroduced the bill in the 119th Congress, told the Senate GOP during a luncheon Wednesday that the bill has the necessary Democratic support, to overcome a filibuster on Thursday. Two sources told The Hill.
Because West Virginia Governor and Senator-elect Jim Justice (R) will not be in the upper chamber until January 13 at the earliest, eight Democrats will be needed to join Republicans to advance the bill.
Sens. John Fetterman (D-Pa.) and Ruben Gallego (D-Ariz.) have both committed as co-sponsorswhile Sens. Gary Peters (D-Mich.), Jacky Rosen (D-Nev.), Mark Kelly (D-Ariz.) and Elissa Slotkin (D-Mich.) have all said in recent days that they are with Republicans will vote for it.
Sen. Jeanne Shaheen (D-N.H.) told The Hill she was “inclined” to support it. A number of others have said this I would like to open a debate on the bill with the aim of offering amendments.
For some who support the bill, it’s about more than just politics. There is also a political element, especially after the events in November.
“If we can’t get at least seven [votes] of 47 … then that’s one reason we lost,” Fetterman told Fox News on Wednesday. “That’s one of the reasons we lost in part.”
The vote comes days after 48 Democrats and all Republicans voted for it pass the same measure in the House of Representatives.
Riley, a college student from Georgia, was killed in February by a Venezuelan migrant who had been arrested for shoplifting before the attack and was out on parole in the country. Thursday’s first vote would come the day before Riley’s birthday.
How the calculation continues from here remains unclear. A Senate Republican said votes on amendments are expected next week, assuming Democrats vote to open debate on the bill, which they likely will.
But Democrats are keeping their word arid on potential amendments while laying out what they say are problems with the current bill. Welch indicated that he is interested in giving state attorneys general more “leeway to intervene” in federal immigration policy. Sen. Tim Kaine (D-Va.) added that he wanted to address the costs associated with the bill, including how incarcerations are paid for and requiring incarceration upon arrest rather than conviction .
However, both said they had not yet decided how they would vote.
But others believe the bill doesn’t go far enough, especially after years of the party calling for a comprehensive immigration package.
“The underlying bill looks like a complete rewrite of immigration law,” said Sen. Chris Murphy (D-Conn.), a lead negotiator on the bipartisan border package pushed by conservatives early last year.
He also reiterated Welch’s concerns about modern powers for attorneys general and complained about the courts’ potential ability to rewrite immigration laws.
“The underlying bill appears to be a law that is not well thought out, but we could potentially improve it,” he told reporters. “I think it will make the immigration system much more complicated, byzantine and confusing.”
However, Murphy did not reject the idea of supporting the opening debate on the bill.
Republicans believe that Democrats’ increasing openness to getting involved in the bill is a sign that the election results have reached some extent with them. When the bill was first discussed in the House last March, 37 Democrats supported the measure.
“They just lost the presidency, they lost the Senate, the House was confirmed because people were very worried about the border — the border and the economy,” said Senate Majority Leader John Barrasso (R-Wyoming). “We just rejected a party that was the party of high prices and open borders.”
“This will really define them if they don’t participate,” he added.
