Immigration and Customs Enforcement worksite in Canton, Mississippi. Credit: Defense Visual Information Distribution Service (public domain)
The first bill that could be passed by the 119th Congress of the United States is racist, illogical and oppressive — and it’s supported by Democrats, not just the “MAGA extremists.”
In early January, the Laken Riley Act passed the House overwhelmingly, 264-159, with 48 Democrats joining every Republican in supporting the legislation. And on Jan. 20, the Senate passed the bill with amendments, 64-35, with 12 Democrats signing off with Republicans to approve its passage. It heads back to the House to approve changes before being signed into law by President Trump.
The Laken Riley Act would massively expand immigrant detention and require ICE to take custody of any undocumented immigrant who is arrested for, convicted of, or charged with committing acts “which constitute the essential elements of a burglary, theft, larceny, or shoplifting offense.” The Senate approved two Republican-backed amendments which would broaden the law’s scope to include the assault of a police officer and crimes which lead to the death or “or serious bodily injury of another person.”
This can only be seen as a massive crackdown on immigration, as critics argue this legislation could strip migrants of the right to due process if they are so much accused — but not necessarily convicted — of such petty crimes as shoplifting.
Further that, “The bill also authorizes states to sue the federal government for decisions or alleged failures related to immigration enforcement.”
Immigration does not lead to more crime
The stated reason for the act is to protect people from “crime” and particularly violent crime. The author, Congressman Mike Collins, of the 10th Congressional District in Georgia, has received notoriety for being a staunch anti-immigrant force in the Trump camp. In an earlier campaign ad Collins holds a rifle, proclaims that Trump was the rightful victor of the 2020 presidential election and then shoots a ballot drop box which then blows up.
The premise that people need to be protected from undocumented “criminal aliens” is completely false. In fact, studies have shown that immigration status has no connection to increasing the rate of crime. Evidence actually points to the opposite to be true — that immigrants, if anything, are less likely to commit crime.
According to a study by the National Institute for Justice, which informs the United States Justice Department, “Undocumented immigrants are arrested at less than half the rate of native-born U.S. citizens for violent and drug crimes and a quarter the rate of native-born citizens for property crimes.”
This bill will also apply to DACA recipients and other immigrants with legal protections including asylum seekers and people who have entered the country “legally” while awaiting issuance of their green card.
Under this harsh legislation even a minor who was brought to this country without official authorization would be forced into mandatory detention for even minor “crimes” like stealing candy.
Democrats team up with the far right to attack immigrants
Democratic senators Ruben Gallego and John Fetterman have been staunch supporters of this bill, parroting the anti-immigrant talking points of the GOP. Gallego co-sponsored the bill claiming, “We must give law enforcement the means to take action when illegal immigrants break the law, to prevent situations like what occurred to Laken Riley. I will continue to fight for the safety of Arizonans by pushing for comprehensive immigration reform and increased border security.”
However, this bill provides no relief to undocumented migrants and only further criminalizes migrants who could be detained and deported without due process for being accused of “petty” crimes.
A handful of Democratic senators have stated they want to amend the bill by adding protections for Dreamers and limit states’ right to overrule federal immigration policy. Still, even these modest changes are not enough to stop the massive attack on immigrant rights this bill proposes.
This capitulation by the Democratic Party demonstrates that they will not be the force to stand up for immigrant rights. The anti-immigrant hysteria that helped the Republicans take control of the government has extended into the vast majority of the Democrats in Congress. To avoid being seen as “weak” on immigration, the Democrats will continue to support these extreme right-wing anti-immigrant bills that are paving the way for Trump’s mass deportation plan.
Juliana Macedo do Nascimento, the Deputy Director of Federal Advocacy for United We Dream, a major immigrant rights organization, has condemned this bill stating, “This bill is shamefully exploitative and has one clear intention in mind: fulfilling the brutal and politically-motivated Trump and MAGA agenda of rounding up millions of immigrants for mass detention and deportation by any means necessary. It’s highly disappointing that some Democrats in the House fell for the obvious political scapegoating and traps MAGA Republicans laid in front of them instead of holding their ground and defending what the vast majority of Americans truly want: a humane, just and efficient immigration system.”
Real solutions to violent crimes
Laken Riley was a 22-year-old Augusta University nursing student who was tragically murdered in Athens, Georgia. She was killed by José Antonio Ibarra, who happened to be an undocumented immigrant from Venezuela. The immigration status of the killer has been seized by the right-wing as a rallying cry to demonize all immigrants.
“This is not actually a migrant issue,” said Maristella Tuazon, a student who spoke at a rally held at the University of Georgia in defense of immigrants after Riley’s murder.
Speaking at the rally Tuazon continued, “The right wing has no interest in stopping violence in the community or protecting women.”
Politicians and media pundits who are attacking immigrants in the name of protecting women are crying crocodile tears and creating a smoke screen for their real ambitions: stoking a moral panic around immigration in order to scapegoat migrants for crime and direct blame away from the ruling class. They have not lifted a finger in their lives to stop the epidemic of violence against women – a very real problem in society, but one that has nothing to do with immigration.
If politicians were truly interested in stopping violent crime, they would invest a robust amount of resources into improving the quality of life for people in this country. They would ensure adequate resources were available for women facing abuse and launch massive public education campaigns targeting violence against women. And they would ensure that everyone has equal access to quality housing, food and education. Studies have shown that the three most important factors for lowering crime and increasing public safety are a steady income, safe and stable housing, and access to care and services.
Instead of investing in these social programs and public services, politicians would rather divide the working class by blaming immigrants for the social ills that arise from capitalism. And we have seen that we cannot rely on the Democrats to protect our communities, as they have cynically lurched further and further to the right, throwing immigrants under the bus to advance their political careers. Only a mass movement can defeat this far-right attack on our immigrant communities.
