Connect with us

Politics

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

Published

on

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.

Advertisement

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.

Advertisement

“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.

Advertisement

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.

Advertisement

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.

Advertisement

“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.”

Advertisement

Politics

House Republicans push Johnson to go to war with Senate over SAVE Act

Published

on

House Republicans push Johnson to go to war with Senate over SAVE Act

NEWYou can now listen to Fox News articles!

Several House Republicans are pushing Speaker Mike Johnson, R-La., to go to war with the Senate GOP over an election security bill that has little chance of passing the upper chamber under current circumstances.

House GOP leaders convened a lawmaker-only call on Sunday in the wake of a massive military operation against Iran launched by the U.S. and Israel.

After leaders briefed House Republicans on how the chamber would respond to the ongoing conflict — including a vote on ending Democrats’ weeks-long government shutdown targeting the Department of Homeland Security (DHS) — Fox News Digital was told that several lawmakers raised concerns about the Senate not yet taking up the Safeguarding American Voter Eligiblity (SAVE America) Act. Among other provisions, the act would require voters in federal elections to produce valid ID and proof of citizenship.

Rep. Derrick Van Orden, R-Wis., was among those pushing the House to reject any bills from the Senate until the measure was taken up, telling Johnson according to multiple sources on the call, “If we don’t get this done, or at least show that we’ve got some backbone, we’re done. The midterms are over.”

Advertisement

Speaker of the House Mike Johnson, R-La., pauses for questions from reporters as he arrives for an early closed-door Republican Conference meeting at the Capitol in Washington, Tuesday, Feb. 3, 2026. (J. Scott Applewhite/AP Photo)

At least three other House Republicans shared similar concerns. Sources on the call said Rep. Brandon Gill, R-Texas, argued that GOP voters were “not enthused” heading into November and that “the single biggest thing” to turn that around would be forcing the Senate to pass the SAVE America Act.

The SAVE America Act passed the House last month with support from all Republicans and just one Democrat, Rep. Henry Cuellar, D-Texas.

JEFFRIES ACCUSES REPUBLICANS OF ‘VOTER SUPPRESSION’ OVER BILL REQUIRING VOTER ID, PROOF OF CITIZENSHIP

Republicans have pointed out on multiple occasions that voter ID measures have bipartisan support across multiple public polls and surveys. But Democrats have dismissed the legislation as an attempt at voter suppression ahead of the 2026 midterms.

Advertisement

 Senate Majority Leader John Thune speaks at a press conference with other members of Senate Republican leadership following a policy luncheon in Washington, D.C. on Oct. 28, 2025. (Nathan Posner/Anadolu via Getty Images)

The legislation would require 60 votes in the Senate to break filibuster, which it’s likely not to get given Democrats’ near-uniform opposition. But House Republicans have pressured Senate Majority Leader John Thune to use a mechanism known as a standing filibuster to circumvent that — which Thune has signaled opposition to, given the vast amount of time it would take up in the Senate and potential unintended consequences in the amendment process.

It also comes as Congress grapples with the fallout from the strikes on Iran and the need to ensure safety for the U.S. domestically and for service members abroad, both of which will require close coordination between the two chambers.

Johnson told Republicans several times on the Sunday call that he was privately pressuring Thune on the bill but was wary of creating a public rift with his fellow GOP leader, sources said.

HARDLINE CONSERVATIVES DOUBLE DOWN TO SAVE THE SAVE ACT

Advertisement

“If we’re going to go to war against our own party in the Senate, there may be implications to that,” Johnson said at one point, according to people on the call. “So we want to be thoughtful and careful.”

Sen. Mike Lee, R-Utah, talks with a guest during a “Only Citizens Vote Bus Tour” rally in Upper Senate Park to urge Congress to pass the Safeguard American Voter Eligibility (SAVE) Act on Wednesday, Sept. 10, 2025. (Tom Williams/CQ-Roll Call, Inc via Getty Images)

At another point in the call, sources said Rep. Andrew Clyde, R-Ga., suggested pairing a coming vote on DHS funding with the SAVE America Act in order to force the Senate to take it up.

CLICK HERE TO DOWNLOAD THE FOX NEWS APP

But both Johnson and House Homeland Security Committee Chairman Andrew Garbarino, R-N.Y., were hesitant about such a move given the enhanced threat environment in the wake of the U.S. operation in Iran.

Advertisement

Both spoke out in favor of the SAVE America Act, people told Fox News Digital, but warned the current situation merited leaving the DHS funding bill on its own in a bid to end the partial shutdown, so the department could fully function as a national security shield.

Related Article

Sen Lee dares Democrats to revive talking filibuster over SAVE Act, slamming criticism as ‘paranoid fantasy'
Advertisement
Continue Reading

Politics

Trump justifies Iran attack as Congress and others raise objections

Published

on

Trump justifies Iran attack as Congress and others raise objections

According to President Trump, the United States attacked Iran because the Islamic Republic posed “imminent threats” to the U.S. and its allies, including through its use of terrorist proxies and continued pursuit of nuclear weapons.

“Its menacing activities directly endanger the United States, our troops, our bases overseas and our allies throughout the world,” he said in a recorded statement Saturday.

According to leading Democrats in Congress, Trump’s justification is questionable, especially given his claims of having “completely obliterated” Iran’s nuclear capabilities in separate U.S. bombings last June.

“Everything I have heard from the administration before and after these strikes on Iran confirms this is a war of choice with no strategic endgame,” said Rep. Jim Himes (D-Conn.), ranking Democrat on the House Intelligence Committee and part of a small group of congressional leaders — the Gang of Eight — who were briefed on the operation by Secretary of State Marco Rubio.

That divide is bound to remain an issue politically heading into this year’s midterm elections, and could be a liability for Republicans — especially considering that some in the “America First” wing of the MAGA base were raising their own objections, citing Trump’s 2024 campaign pledges to extricate the U.S. from foreign wars, not start new ones.

Advertisement

The debate echoed a similar if less immediate one around President George W. Bush’s decision to go to war in Iraq following the Sept. 11, 2001, attacks, also based on claims that “weapons of mass destruction” posed an immediate threat. Those claims were later disproved by multiple findings that Iraq had no such arsenal, fueling recriminations from both political parties for years.

The latest divide also intensified unease over Congress ceding its wartime powers to the White House, which for years has assumed sweeping authority to attack foreign adversaries without direct congressional input in the name of addressing terrorism or preventing immediate harm to the nation or its troops.

Even prior to the weekend bombings, Democrats including Sen. Adam Schiff of California were pushing Congress to pass a resolution barring the Trump administration from attacking Iran without explicit congressional authorization.

“President Trump must come to Congress before using military force unless absolutely necessary to defend the United States from an imminent attack,” Sen. Tim Kaine (D-Va.), a member of the armed services and foreign relations committees, said in a statement Thursday.

In justifying the daylight strikes that killed Supreme Leader Ayatollah Ali Khamenei just two days later, Trump accused the Iranian government of having “waged an unending campaign of bloodshed and mass murder” for nearly half a century — including through attacks on U.S. military assets and commercial shipping vessels abroad — and of having “armed, trained and funded terrorist militias” in multiple countries, including Hezbollah and Hamas.

Advertisement

Trump said that after the U.S. bombed Iran last summer, it had warned Tehran “never to resume” its pursuit of nuclear weapons. “Instead, they attempted to rebuild their nuclear program and to continue developing long-range missiles that can now threaten our very good friends and allies in Europe, our troops stationed overseas, and could soon reach the American homeland,” he said.

Other Republican leaders largely backed the president.

“The United States did not start this conflict, but we will finish it. If you kill or threaten Americans anywhere in the world — as Iran has — then we will hunt you down, and we will kill you,” said Defense Secretary Pete Hegseth.

“Every president has talked about the threat posed by the Iranian regime. President Trump is the one with the courage to take bold, decisive action,” said Atty. Gen. Pam Bondi.

While Iran’s coordination with and sponsorship of groups such as Hezbollah and Hamas are well known, Trump’s claims about Tehran’s ongoing development of nuclear weapons systems are less established — and the administration has provided little evidence to back them up.

Advertisement

Democrats seized on that lack of fresh intelligence in their responses to the attacks, contrasting Trump’s latest statements about imminent threats with his assertion after last year’s bombings that the U.S. had all but eliminated Iran’s nuclear aspirations.

“Let’s be clear: The Iranian regime is horrible. But I have seen no imminent threat to the United States that would justify putting American troops in harm’s way,” said Sen. Mark Warner (D-Va.), vice chairman of the Senate Intelligence Committee and a member of the Gang of Eight. “What is the motivation here? Is it Iran’s nuclear program? Their missiles? Regime change?”

Senate Minority Leader Chuck Schumer (D-N.Y.) said in a statement that the Trump administration “has not provided Congress and the American people with critical details about the scope and immediacy of the threat,” and must do so.

House Minority Leader Hakeem Jeffries (D-N.Y.) said the Trump administration needs congressional authority to wage such attacks barring “exigent circumstances,” and didn’t have it.

“The Trump administration must explain itself to the American people and Congress immediately, provide an ironclad justification for this act of war, clearly define the national security objective and articulate a plan to avoid another costly, prolonged military quagmire in the Middle East,” he said.

Advertisement

After the U.S. military announced Sunday that three U.S. service personnel were killed and five others seriously wounded in the attacks, the demands for a clearer justification and new constraints on Trump only increased.

Rep. Ro Khanna (D-Fremont) said Sunday he is optimistic that Democrats will be unified in trying to pass the war powers resolution, and also that some Republicans will join them, given that the strikes have been unpopular among a portion of the MAGA base.

Rep. Thomas Massie (R-Ky.), who partnered with Khanna to force the release of the Jeffrey Epstein files, has said he will work with him again to push a congressional vote on war with Iran, which he said was “not ‘America First.’”

Benjamin Radd, a political scientist and senior fellow at the UCLA Burkle Center for International Relations, said that whether or not Iran represented an “imminent” threat to the U.S. depends not just on its nuclear capabilities, but on its broader desire and ability to inflict pain on the U.S. and its allies — as was made clear to both the U.S. and Israel after the Hamas attacks on Israel on Oct. 7, 2023, which Iran praised.

“If you are Israel or the United States, that’s imminent,” he said.

Advertisement

What happens next, Radd said, will largely depend on whether remaining Iranian leaders stick to Khamenei’s hard-line policies, or decide to negotiate anew with the U.S. He expects they might do the latter, because “it’s a fundamentalist regime, it’s not a suicidal regime,” and it’s now clear that the U.S. and Israel have the capabilities to take out Iranian leaders, Iran has little ability to defend itself, and China and Russia are not rushing to its aid.

How the strikes are viewed moving forward may also depend on what those leaders decide to do next, said Kevan Harris, an associate professor of sociology who teaches courses on Iran and Middle East politics at the UCLA International Institute.

If the conflict remains relatively contained, it could become a political win for Trump, with questions about the justification falling away. But if it spirals out of control, such questions are likely to only grow, as occurred in Iraq when things started to deteriorate there, he said.

Israel and the U.S. are betting that the conflict will remain manageable, which could turn out to be true, Harris said, but “the problem with war is you never really know what might happen.”

On Sunday, Iran launched retaliatory attacks on Israel and the wider Gulf region. Trump said the campaign against Iran continued “unabated,” though he may be willing to negotiate with the nation’s new leaders. It was unclear when Congress might take up the war powers measure.

Advertisement
Continue Reading

Politics

Video: Trump’s War of Choice With Iran

Published

on

Video: Trump’s War of Choice With Iran

new video loaded: Trump’s War of Choice With Iran

Our national security correspondent David E. Sanger examines the war of choice that President Trump has initiated with Iran.

By David E. Sanger, Gilad Thaler, Thomas Vollkommer and Laura Salaberry

March 1, 2026

Continue Reading

Trending