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The Senate is considering the Laken Riley Act. Here's what it would do

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The Senate is considering the Laken Riley Act. Here's what it would do

The Senate could vote Tuesday on the Laken Riley Act, a Republican-led bill that mandates federal detention for immigrants who are charged with minor crimes and grants broad enforcement powers to states.

It passed the House earlier this month as the first bill taken up by the new, Republican-controlled Congress and moved forward in the Senate with significant support from Democrats.

The bill’s advancement illustrates the new willingness by more Democrats to consider conservative immigration policies after losing favor with voters on border security, a front-line issue in the November presidential election.

Immigrant rights groups and other opponents have warned that the bill would violate due process rights and be extremely costly to the federal government.

What happened to Laken Riley?

The bill is named for Laken Riley, a 22-year-old nursing student who was murdered last year in Athens, Ga., by a Venezuelan immigrant who had entered the U.S. illegally in 2022. Border Patrol agents released him, like many migrants, with temporary permission to stay in the country.

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Jose Antonio Ibarra, 26, had previously been cited in Georgia with misdemeanor shoplifting from Walmart and was arrested in New York for driving a scooter without a license and with a child who wasn’t wearing a helmet. Supporters of the bill say federal authorities should have detained Ibarra after he was charged with those crimes.

In November, Ibarra was convicted of murder and sentenced to life in prison without parole.

Allyson and John Phillips, Riley’s mother and stepfather, wrote in a statement that the bill has their full support.

“Laken would have been 23 on January 10th,” they wrote. “There is no greater gift that could be given to her and our country than to continue her legacy by saving lives through this bill.”

What would the Laken Riley Act do?

The Laken Riley Act has three significant provisions: to require detention of immigrants convicted of certain crimes; to authorize state governments to sue the federal government over its handling of individual immigrants; and to give states the power to demand that the State Department stop issuing visas for countries that refuse to accept the return of deported nationals.

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“If you came into the U.S. illegally and then you chose to commit a crime against Americans — whether that’s against persons or property — on U.S. soil, you should go to the front of line when it comes to detention and removal,” Sen. Katie Britt (R-Ala.) wrote on X.

The bill would require immigration agents to take into custody people who have been arrested for burglary, theft, larceny or shoplifting. It would override the current discretion afforded to federal officials to prioritize the detention of people with violent criminal records.

The legislation requires detention if a person is even charged with theft-related crimes. That means someone could be deported before getting the chance to defend themselves in court.

The bill also gives state attorneys general the power to sue the federal government over alleged mishandling of people in its custody, overriding the longstanding broad authority of the federal government over immigration matters. State officials could get a court to instruct immigration agents to track down people it had released from detention.

States would also be empowered to insert themselves into U.S. foreign policy matters. Some countries refuse to accept back their citizens whom the U.S. attempts to deport. The bill would allow state attorneys general to sue the State Department to stop visas from being issued for any country refusing to accept deportations.

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Opponents say the law would lead to chaos in federal courts and the separation of longtime residents from their U.S. citizen family members as they are detained indefinitely.

“I don’t think that people understood what was in the bill when they were cosponsoring it,” said Kerri Talbot, executive director of the advocacy group Immigration Hub, who works with Congress to develop policy.

Jason Houser, who was chief of staff for Immigration and Customs Enforcement from 2021 to 2023, said the legislation would force federal agencies to divert manpower from the most dangerous offenders.

“If this bill is enacted, you will see less individuals in detention that are violent convicted criminals than you do today,” he said, noting that the federal government has a finite amount of resources, detention beds and staff.

Immigration and Customs Enforcement said it would need more than $3 billion to detain the 60,000 people it had identified to meet bill’s parameters.

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Aaron Reichlin-Melnick of the left-leaning American Immigration Council said the visa provision raises serious constitutional and international relations concerns with potentially sweeping ramifications for the U.S. economy.

“You could see [Texas Atty. Gen.] Ken Paxton suing to block all H-1B visas from China. You could see somebody trying to prevent all business tourism from India,” Reichlin-Melnick said. “The prospect of 677 different federal district court judges around the country having the power to order the secretary of State to impose sweeping visa bans on other countries threatens to upend our system of government, giving states and the judiciary more power over diplomacy and immigration than the federal government itself.”

What is its history in Congress?

The Laken Riley Act passed the House last week, 264-159, with 48 Democrats in support. Among them were seven Democrats from California, including Reps. George Whitesides (D-Agua Dulce), Adam Gray (D-Merced) and Derek Tran (D-Garden Grove), who flipped seats previously held by Republicans.

Senators voted 82-10 on Monday to take up consideration of the measure. California Sens. Alex Padilla and Adam B. Schiff, both Democrats, did not vote.

In an interview Sunday on NBC, Padilla said he would vote against the bill in its current form.

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“It opens the doors for people simply being charged — without a conviction — to be detained and deported,” he said. “That includes minors, that includes Dreamers, that’s [for] shoplifting a pack of bubble gum. There has to be more of a focus on a piece of legislation like this.”

When the bill was first introduced in the House last year, it passed 251-170, with 10 fewer Democrats in support. The Senate, which then held a slim majority, declined to take it up for consideration.

On Monday, Senate Minority Leader Charles E. Schumer said he was hoping for a robust debate and the ability to offer improvements on the bill.

“Americans deserve for us to debate the issue seriously, including by considering amendments from the Democratic side,” he said. “We’re going to ask our Republican colleagues to allow for debate and votes on amendments.”

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Wyoming Supreme Court rules laws restricting abortion violate state constitution

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Wyoming Supreme Court rules laws restricting abortion violate state constitution

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The Wyoming Supreme Court ruled on Tuesday that a pair of laws restricting abortion access violate the state constitution, including the country’s first explicit ban on abortion pills.

The court, in a 4-1 ruling, sided with the state’s only abortion clinic and others who had sued over the abortion bans passed since the U.S. Supreme Court overturned Roe v. Wade in 2022, which returned the power to make laws on abortion back to the states.

Despite Wyoming being one of the most conservative states, the ruling handed down by justices who were all appointed by Republican governors upheld every previous lower court ruling that the abortion bans violated the state constitution.

Wellspring Health Access in Casper, the abortion access advocacy group Chelsea’s Fund and four women, including two obstetricians, argued that the laws violated a state constitutional amendment affirming that competent adults have the right to make their own health care decisions.

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The Wyoming Supreme Court ruled that a pair of laws restricting abortion access violate the state constitution. (Tom Williams/CQ-Roll Call, Inc via Getty Images)

Voters approved the constitutional amendment in 2012 in response to the federal Affordable Care Act, which is also known as Obamacare.

The justices in Wyoming found that the amendment was not written to apply to abortion but noted that it is not their job to “add words” to the state constitution.

“But lawmakers could ask Wyoming voters to consider a constitutional amendment that would more clearly address this issue,” the justices wrote.

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Wellspring Health Access President Julie Burkhart said in a statement that the ruling upholds abortion as “essential health care” that should not be met with government interference.

“Our clinic will remain open and ready to provide compassionate reproductive health care, including abortions, and our patients in Wyoming will be able to obtain this care without having to travel out of state,” Burkhart said.

Wellspring Health Access opened as the only clinic in the state to offer surgical abortions in 2023, a year after a firebombing stopped construction and delayed its opening. A woman is serving a five-year prison sentence after she admitted to breaking in and lighting gasoline that she poured over the clinic floors.

Wellspring Health Access opened as the only clinic in the state to offer surgical abortions in 2023, a year after a firebombing stopped construction. (AP)

Attorneys representing the state had argued that abortion cannot violate the Wyoming constitution because it is not a form of health care.

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Republican Gov. Mark Gordon expressed disappointment in the ruling and called on state lawmakers meeting later this winter to pass a constitutional amendment prohibiting abortion that residents could vote on this fall.

An amendment like that would require a two-thirds vote to be introduced as a nonbudget matter in the monthlong legislative session that will primarily address the state budget, although it would have significant support in the Republican-dominated legislature.

“This ruling may settle, for now, a legal question, but it does not settle the moral one, nor does it reflect where many Wyoming citizens stand, including myself. It is time for this issue to go before the people for a vote,” Gordon said in a statement.

APPEALS COURT SIDES WITH TRUMP ON BUDGET PROVISION CUTTING PLANNED PARENTHOOD FUNDS

Gov. Mark Gordon expressed disappointment in the ruling. (Getty Images)

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One of the laws overturned by the state’s high court attempted to ban abortion, but with exceptions in cases where it is needed to protect a pregnant woman’s life or in cases of rape or incest. The other law would have made Wyoming the only state to explicitly ban abortion pills, although other states have implemented de facto bans on abortion medication by broadly restricting abortion.

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Abortion has remained legal in the state since Teton County District Judge Melissa Owens blocked the bans while the lawsuit challenging the restrictions moved forward. Owens struck down the laws as unconstitutional in 2024.

Last year, Wyoming passed additional laws requiring abortion clinics to be licensed surgical centers and women to receive ultrasounds before having medication abortions. A judge in a separate lawsuit blocked those laws from taking effect while that case moves forward.

The Associated Press contributed to this report.

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What Trump’s vow to withhold federal child-care funding means in California

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What Trump’s vow to withhold federal child-care funding means in California

Gov. Gavin Newsom and other state Democratic leaders accused President Trump of unleashing a political vendetta after he announced plans to freeze roughly $10 billion in federal funding for child care and social services programs in California and four other Democrat-controlled states.

Trump justified the action in comments posted on his social media platform Truth Social, where he accused Newsom of widespread fraud. The governor’s office dismissed the accusation as “deranged.”

Trump’s announcement came amid a broader administration push to target Democratic-led states over alleged fraud in taxpayer-funded programs, following sweeping prosecutions in Minnesota. The U.S. Department of Health and Human Services confirmed the planned funding freeze, which was first reported by the New York Post.

California officials said they have received no formal notice and argued the president is using unsubstantiated claims to justify a move that could jeopardize child care and social services for low-income families.

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How we got here

Trump posted on his social media site Truth Social on Tuesday that under Newsom, California is “more corrupt than Minnesota, if that’s possible???” In the post, Trump used a derogatory nickname for Newsom that has become popular with the governor’s critics, referring to him as “Newscum.”

“The Fraud Investigation of California has begun,” Trump wrote.

The president also retweeted a story by the New York Post that said his Department of Health and Human Services will freeze taxpayer funding from the Child Care Development Fund, the Temporary Assistance for Needy Families program, which is known as CalWORKS in California, and the Social Services Block Grant program. Health and Human Services said the affected states are California, Colorado, Illinois, Minnesota and New York.

“For too long, Democrat-led states and Governors have been complicit in allowing massive amounts of fraud to occur under their watch,” said Andrew Nixon, a department spokesperson. “Under the Trump Administration, we are ensuring that federal taxpayer dollars are being used for legitimate purposes. We will ensure these states are following the law and protecting hard-earned taxpayer money.”

The department announced last month that all 50 states will have to provide additional levels of verification and administrative data before they receive more funding from the Child Care and Development Fund after a series of fraud schemes at Minnesota day-care centers run by Somali residents.

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“The Trump Administration is using the moral guise of eliminating ‘fraud and abuse’ to undermine essential programs and punish families and children who depend on these services to survive, many of whom have no other options if this funding disappears,” Kristin McGuire, president of Young Invincibles, a young-adult nonprofit economic advocacy group, said in a statement. “This is yet another ideologically motivated attack on states that treats millions of families as pawns in a political game.”

California pushes back

Newsom’s office brushed off Trump’s post about fraud allegations, calling the president “a deranged, habitual liar whose relationship with reality ended years ago.” Newsom himself said he welcomes federal fraud investigations in the state, adding in an interview on MS NOW that aired Monday night: “Bring it on. … If he has some unique insight and information, I look forward to partnering with him. I can’t stand fraud.”

However, Newsom said cutting off funding hurts hardworking families who rely on the assistance.

“You want to support families? You believe in families? Then you believe in supporting child care and child-care workers in the workforce,” Newsom told MS NOW.

California has not been notified of any changes to federal child-care or social services funding. H.D. Palmer, a spokesperson for the Department of Finance, said the only indication from Washington that California’s child-care funding could be in jeopardy was the vague 5 a.m. post Tuesday by the president on Truth Social.

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“The president tosses these social media missives in the same way Mardi Gras revelers throw beads on Bourbon Street — with zero regard for accuracy or precision,” Palmer said.

In the current state budget, Palmer said, California’s child-care spending is $7.3 billion, of which $2.2 billion is federal dollars. Newsom is set to unveil his budget proposal Friday for the fiscal year that begins July 1, which will mark the governor’s final spending plan before he terms out. Newsom has acknowledged that he is considering a 2028 bid for president, but has repeatedly brushed aside reporters’ questions about it, saying his focus remains on governing California.

Palmer said while details about the potential threat to federal child-care dollars remain unclear, what is known is that federal dollars are not like “a spigot that will be turned off by the end of the week.”

“There is no immediate cutoff that will happen,” Palmer said.

Since Trump took office, California has filed dozens of legal actions to block the president’s policy changes and funding cuts, and the state has prevailed in many of them.

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What happened in Minnesota

Federal prosecutors say Minnesota has been hit by some of the largest fraud schemes involving state-run, federally funded programs in the country. Federal prosecutors estimate that as much as half of roughly $18 billion paid to 14 Minnesota programs since 2018 may be fraudulent, with providers accused of billing for services never delivered and diverting money for personal use.

The scale of the fraud has drawn national attention and fueled the Trump administration’s decision to freeze child-care funds while demanding additional safeguards before doling out money, moves that critics say risk harming families who rely on the programs. Gov. Tim Walz has ordered a third-party audit and appointed a director of program integrity. Amid the fallout, Walz announced he will not seek a third term.

Outrage over the fraud reached a fever pitch in the White House after a video posted online by an influencer purported to expose extensive fraud at Somali-run child-care centers in Minnesota. On Monday, that influencer, Nick Shirley, posted on the social media site X, “I ENDED TIM WALZ,” a claim that prompted calls from conservative activists to shift scrutiny to Newsom and California next.

Right-wing podcaster Benny Johnson posted on X that his team will be traveling to California next week to show “how criminal California fraud is robbing our nation blind.”

California officials have acknowledged fraud failures in the past, most notably at the Employment Development Department during the COVID-19 pandemic, when weakened safeguards led to billions of dollars in unemployment payments later deemed potentially fraudulent.

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An independent state audit released last month found administrative vulnerabilities in some of California’s social services programs but stopped short of alleging widespread fraud or corruption. The California state auditor added the Department of Social Services to its high-risk list because of persistent errors in calculating CalFresh benefits, which provides food assistance to those in need — a measure of payment accuracy rather than criminal activity — warning that federal law changes could eventually force the state to absorb billions of dollars in additional costs if those errors are not reduced.

What’s at stake in California

The Trump administration’s plans to freeze federal child-care, welfare and social services funding would affect $7.3 billion in Temporary Assistance for Needy Families funding, $2.4 billion for child-care subsidies and more than $800 million for social services programs in the five states.

The move was quickly criticized as politically motivated because the targeted states were all Democrat-led.

“Trump is now illegally freezing childcare and other funding for working families, but only in blue states,” state Sen. Scott Wiener (D-San Francisco) said in a statement. “He says it’s because of ‘fraud,’ but it has nothing to do with fraud and everything to do with politics. Florida had the largest Medicaid fraud in U.S. history yet isn’t on this list.”

Added California Assembly Speaker Robert Rivas (D-Hollister): “It is unconscionable for Trump and Republicans to rip away billions of dollars that support child care and families in need, and this has nothing to do with fraud. California taxpayers pay for these programs — period — and Trump has no right to steal from our hard-working residents. We will continue to fight back.”

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Times staff writer Daniel Miller contributed to this report.

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Video: Walz Drops Re-Election Bid as Minnesota Fraud Scandal Grows

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Video: Walz Drops Re-Election Bid as Minnesota Fraud Scandal Grows

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Walz Drops Re-Election Bid as Minnesota Fraud Scandal Grows

Governor Tim Walz of Minnesota abandoned his re-election bid to focus on handling a scandal over fraud in social service programs that grew under his administration.

“I’ve decided to step out of this race, and I’ll let others worry about the election while I focus on the work that’s in front of me for the next year.” “All right, so this is Quality Learing Center — meant to say Quality ‘Learning’ Center.” “Right now we have around 56 kids enrolled. If the children are not here, we mark absence.”

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Governor Tim Walz of Minnesota abandoned his re-election bid to focus on handling a scandal over fraud in social service programs that grew under his administration.

By Shawn Paik

January 6, 2026

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