
The House of Representatives has passed the controversial Laken Riley Act, aimed at detaining undocumented immigrants involved in criminal offenses, despite strong opposition from Democrats and the Department of Homeland Security.
At a Glance
- The Laken Riley Act could require detention for 60,000 undocumented immigrants, costing billions annually
- DHS Secretary Alejandro Mayorkas opposes the bill, citing prohibitive costs of $20-30 billion per year
- The House passed the act despite objections from 159 Democratic members
- Some Senate Democrats have joined Republicans in supporting the bill
- ICE warns of potential mass releases without emergency funding
Controversial Legislation Sparks Debate
The Laken Riley Act, named after a nursing student murdered by an illegal immigrant in 2024, has ignited a fierce debate on immigration enforcement and detention policies. The legislation aims to hold the Department of Homeland Security (DHS) accountable for detaining undocumented immigrants involved in criminal offenses, but its implementation could come at a staggering cost.
DHS Secretary Alejandro Mayorkas has voiced strong opposition to the bill, citing its prohibitive costs. According to DHS sources, the annual price tag for implementing the Laken Riley Act could range between $20 to $30 billion. This includes an estimated $7 billion just for detention beds, not accounting for additional expenses incurred by local law enforcement agencies.
ICE Funding Crisis and Detention Concerns
The Immigration and Customs Enforcement (ICE) agency is already facing a significant funding shortfall. With current resources only supporting 42,000 detention beds and 39,000 immigrants already in custody, ICE has warned that without emergency funding, they may be forced to release tens of thousands of immigrants, including potential public safety threats.
“We’re prepared to give ICE the resources it needs to properly enforce federal law and protect American families, both through the appropriations and reconciliation processes,” Sean Ross, Deputy Chief of Staff for Sen. Katie Britt (R-Ala.) said.
To comply with the Laken Riley Act, ICE would require over $3.2 billion in additional funds for the 2025 fiscal year. This significant increase in funding would be necessary to meet the new detention requirements outlined in the legislation.
Congressional Support and Opposition
Despite the concerns raised by DHS and immigration advocacy groups, the Laken Riley Act has gained significant bipartisan support in Congress. The House of Representatives passed the bill in January, with 159 Democrats opposing the measure. In a surprising turn of events, 33 Senate Democrats joined their Republican colleagues to advance the act through a key procedural vote.
“ICE reported tens of thousands of migrants with criminal records — homicide or sexual assault,” Democrat Sen. John Fetterman said.
However, critics of the legislation argue that it weakens due process rights and undermines the presumption of innocence. The Amica Center for Immigrant Rights has condemned the passage of the act, urging the Senate to reject it. They claim that the bill would allow for mandatory detention of noncitizens without bond hearings for nonviolent offenses, potentially violating constitutional protections.