Bill to detain undocumented immigrants accused of even minor crimes passes with some Texas Democratic help

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WASHINGTON — Congress approved a bill Wednesday to detain undocumented immigrants who have been accused of committing even minor crimes, with two Texas Democrats voting for the bill.

The Laken Riley Act passed the U.S. House on Wednesday afternoon on a 263-156 vote, with 46 Democrats joining all voting Republicans supporting the bill. U.S. Reps. Henry Cuellar of Laredo and Vicente Gonzalez of McAllen were among the Democrats who voted for the bill.

Supporters worked to make sure that the bill targeting undocumented immigrants would be the first legislation of President Donald Trump’s second term. He has campaigned on mass deportations and hardening the border, and many of his Republican allies in Congress are eager to provide the legislative muscle in support. More than 11 million undocumented immigrants live in the United States, with 1.6 million living in Texas.

The bill now heads to Trump’s desk to be signed into law. The U.S. Senate advanced the bill on Monday with 12 Democratic senators joining all Republicans in voting for the bill.

The bill is named after Laken Riley, a Georgia nursing student who was killed by an undocumented immigrant from Venezuela. It would require the Department of Homeland Security to detain undocumented immigrants arrested for or charged with burglary, theft, larceny, shoplifting or assaulting a police officer. It also allows state governments to sue the federal government if they feel Washington is failing to enforce border laws.

The bill does not include funding to increase detention capacity. Funding for immigration enforcement is one of Republicans’ top priorities as it works out its spending plans for the year.

The bill is separate from similar legislation that passed the House last week that would require deportation for migrants convicted of sex crimes or domestic violence. Cuellar, Gonzalez and U.S. Rep. Julie Johnson, D-Farmers Branch, were among the 61 Democrats who joined Republicans in voting for that bill. It is now in the Senate.

Both Sens. John Cornyn and Ted Cruz have advocated for stricter penalties for criminal activity by undocumented immigrants. Cornyn included an amendment to the act that would make assaulting a law enforcement officer one of the punishable crimes.

Last year, Cruz introduced the Justice of Jocelyn Act, which was named after Jocelyn Nungaray, a 12-year-old Houstonian who was murdered last June. Two undocumented immigrants from Venezuela were charged with her murder.

The Justice for Jocelyn Act would require the Secretary of Homeland Security to detain all migrants unless there is no detention space available and mandate tracking devices and curfews for migrants who are not in detention. The bill would also mandate deportation for migrants who fail to comply with their release order.

Many of the Democrats who voted for the Laken Riley Act represent competitive districts where Republicans have accused Democrats of being too light on the border. Gonzalez’s district was Republicans’ biggest target in Texas this year, and Cuellar is likely to be targeted in next year’s elections. Both represent districts Trump won that have swung heavily to the right in recent years.

Cuellar and Gonzalez have both broken with their party on votes related to the border and other issues Republicans campaigned on, such as transgender rights. Cuellar founded a Democrats for Border Security task force last year.

But other Democrats say the bill amounts to fear mongering. A National Institute of Justice study found that undocumented immigrants tend to commit crimes at a lower rate than U.S.-born citizens. The Laken Riley Act does not make exceptions for recipients of Deferred Action for Childhood Arrivals — a program that protects immigrants who entered the country illegally as children from deportation.

“It makes it so that immigrants, including dreamers, who are supposed to be protected from deportation, if they were accused of a crime like shoplifting, even if they didn't do it, that they and their families’ lives could be ruined by deportation.” said U.S. Rep. Greg Casar, D-Austin. “Laken Riley's killer was tried and convicted and sentenced to life in prison, and he should be convicted and held accountable for this horrific killing. But the Laken Riley Act has nothing to do with her.”