Laken Riley Act violates undocumented peoples’ due process. Senate should reject or overhaul | Opinion
Our elected federal leaders, in an effort to appease the incoming Trump administration, are close to delivering a badly flawed bill that will allow the deportation of an undocumented individual who has been arrested or detained – not convicted.
The Laken Riley Act, which the House passed last week with 48 Democrats, is being debated in the Senate this week. It will need support from seven Democrats to pass if all 53 Republicans vote yes, and will surely be signed by President Donald Trump once he takes office next week.
We see two major problems in this bill. First, the bill will allow federal authorities to detain undocumented immigrants accused of theft and related crimes. Secondly, it will give state attorney generals too much power over what should remain a federal responsibility.
Last Thursday, the Senate voted 84-9 to advance the bill, but many Democrats signaled they want to amend the legislation. Immigration and Customs Enforcement officials told Congress they will would need an extra $3 billion if the bill passes.
Republicans came up with the bill after Riley, a 22-year-old nursing student in Georgia, was murdered while jogging last February. An undocumented Venezuelan man, 26, was arrested and convicted in November of 10 counts, including aggravated assault with intent to rape. He was sentenced to life in prison without the possibility of parole.
The murderer, José Antonio Ibarra, had previously been arrested by federal and state officials in New York and Georgia on charges ranging from shoplifting, theft, possession of stolen merchandise and intent to injure a child less than 17.
“The Laken Riley Act gives our law enforcement the tools they need to protect their communities and ensure that no more innocent lives are lost to a broken immigration and criminal justice system,” said Rep. Mike Collins, a Georgia Republican who crafted the legislation. “I am proud that the House was able to come together and pass this bill. If the Senate will do its job, President Trump will make it law.”
Rep. Jim Costa, D-Fresno, was among 15 House Democrats from California who voted for the bill. “The tragic death of Laken Riley underscores the need for justice and exposes flaws in our immigration system,” he said in an email. “Now more than ever, Democrats and Republicans must come together in a bipartisan way to address immigration and border challenges.”
Costa was joined by Valley Democratic colleagues Adam Gray of Merced and Josh Harder of Tracy. Republicans Tom McClintock, David Valadao and Vince Fong backed the bill.
We don’t need states enforcing immigration
This bill seeks to short-circuit the judicial process by immediately convicting an undocumented immigrant of a crime without due process. This legislation seeks to exploit a tragic murder for political gain.
States would sue the federal government to stop issuing visas to certain nationals, parole decisions, or the release of an undocumented resident from custody.
Americans want and need immigration reform, but this legislation is not the answer. For too many years, federal lawmakers have swung and missed at opportunities to fix a broken system only to have politics sink those hopes.
“The bill tramples on important due process principles – greenlighting detention and deportation for those accused, rather than convicted of low-level crimes,” said Vanessa Cárdenas, executive director of America’s Voice. “The Laken Riley Act includes a host of unrelated, sweeping and harmful measures while entrusting federal immigration policy to the most rabid anti-immigrant GOP state attorneys general.”
Cárdenas brings up valid points.
At least Sen. Chris Murphy, a Democrat from Connecticut, sees the chaos that would ensue. “I don’t think we want the entire system being litigated in district courts all across the country.”
We encourage federal lawmakers to think twice about embracing language that will label undocumented immigrants as criminals. Studies show that immigrants are significantly less likely to commit a crime than U.S.-born residents.
Sen. Alex Padilla, D-California, said on Sunday’s “Meet the Press,” the legislation is flawed. “It opens the doors for people simply for being charged, without a conviction, to be detained and deported,” he said. “That includes minors, that includes Dreamers, (for) shoplifting a pack of bubble gum. There has to be more of a focus on a piece of legislation like this.”
Republicans and backers of this bill are bringing pitchforks and torches to an issue in need of substance and depth.