The Senate on Wednesday adopted the first amendment to the Laken Riley Act, as Republicans push for a legislative win to open the new Congress.
The legislation in its current form would mandate federal detention of immigrants without legal status accused of theft, burglary and other related crimes.
Senators on Wednesday voted 70-25 for an amendment proposed by Sen. John Cornyn (R-Texas) that would require Immigration and Customs Enforcement to detain any migrant lacking permanent legal status accused of assault on a law enforcement officer. Twenty Democrats voted with every Republican who was present.
Riley, the Georgia college student for whom the legislation is named, was killed in February by a Venezuelan migrant who had been arrested for shoplifting prior to the attack and, subsequently, released on parole.
Sens. Jim Justice (R-W.Va.), Cynthia Lummis (R-Wyo.) and Ron Wyden (D-Ore.) did not vote.
It needed 50 votes to pass instead of the usual 51 due to the recent vacancy of Vice President-elect JD Vance’s seat.
Senators also voted down a second amendment offered by Sen. Chris Coons (D-Del.), 46-49, along party lines.
The proposal would have nixed part of the bill that hands state attorneys general authority to sue federal immigration officials over alleged detentions — a provision that has upset a number of Democratic members.
Senate Majority Leader John Thune (R-S.D.) earlier in the day previewed that an amendment process would take place in short order as Democrats try to fix what they believe is a flawed piece of legislation.
The bill has already overcome two procedural hurdles in the upper chamber by overwhelming margins. While a number of Democrats have pledged to support the bill on a final vote, others said they voted to open debate on the measure so they could attempt to amend it.
“We’re going to have an amendment process here on the floor – the type of amendment process that’s been lacking in recent years. We will push for votes on amendments that make this bill even stronger,” Thune said.
“In the coming days, the Senate will have a serious debate about this and other amendments and about the Laken Riley Act. That’s the Senate’s role,” Thune added. “We’ll have debate, and we’ll aim to produce the strongest bill that we can pass into law. That’s our goal.”
The South Dakota Republican also said that he is supportive of Sen. Joni Ernst’s (R-Iowa) amendment, known as Sarah’s Law, that would expand the bill to include the detainment of illegal migrants charged with crimes causing death or serious bodily injury.
The Ernst proposal is named after Sarah Root, who was killed in a 2016 car crash that involved an undocumented migrant, who then posted bond and fled the U.S.
The Laken Riley Act passed the House earlier this month with the support of 48 Democrats, but would have to return to the lower chamber for a second vote because it has been amended.
Updated at 7:12 p.m. EST
