Arizona’s Democratic Sens. Ruben Gallego and Mark Kelly are catching heat from advocates who call their support for the GOP’s “Laken Riley Act” a major disappointment from two candidates propelled by pro-immigration groups.
The bill, named for a college student killed by a Venezuelan-born immigrant, would direct authorities to detain undocumented people merely accused — not convicted — of certain nonviolent offenses. It has passed the House and picked up at least nine Democratic backers in the upper chamber, enough to overcome a filibuster and ensure passage.
But in a state where an estimated 540,000 residents live in mixed immigration status households, the GOP-backed bill could tear apart countless Arizona families without due process, critics say.
“The Laken Riley Act is immoral and unconstitutional…It’s shameful that Democrats like Ruben Gallego and John Fetterman support it,” Sam Weinberg, director of Gen-Z advocacy group Path to Progress, said in a post on Bluesky.
Jose Patino, vice president of education and external affairs for immigrant advocacy group Aliento, told Salon that his organization shared its concerns with the senators’ offices.
“One of them is the concept of indefinite detention without due process. Specifically, individuals that are arrested, charged, but they are not convicted,” Patino told Salon, adding that the bill would also give “broad power” to state attorneys general to dictate immigration law.
Patino told Salon that Gallego and Kelly haven’t returned the group’s calls voicing these concerns. He cautioned the senators to field community and advocate input before making any rash votes.
“There is time for us to caution and debate, read, and analyze the bill before making judgments,” Patino said. “It’s incumbent upon Senate Democrats to do that.”
Neither senator's office immediately responded to Salon's requests for comment.
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Sen. Gallego, a cosponsor of the bill, won a major victory in Arizona in November, besting Republican opponent Kari Lake by nearly 3 points in a state that saw the Democratic presidential candidate lose. But some are already drawing parallels with another Arizona pol who Gallego replaced: former Sen. Kyrsten Sinema, who left the Democratic Party before deciding against a run for reelection.
Mushed Zaheed, a Democratic strategist, said on social media that Gallego “campaigned with the theme that they were not going to betray the Democratic base by operating like Kyrsten Sinema” but was “off to an ominous start.”
Policy experts also say that Gallego’s defense of the bill relies on an incorrect understanding of its protections for DACA recipients. Gallego told Fox News on Wednesday that the bill was “clear” on excluding DACA recipients, a claim that experts say doesn’t pass muster.
"[Gallego’s claim] is just 100% incorrect…ALL Dreamers, including DACA recipients are covered by this bill,” Josh Bresiblatt, chief counsel on immigration for Democrats on the House Judiciary Committee, wrote in a post to X.
Patino argued that Gallego’s apparent misunderstanding could have been cleared up if he had reached out to immigration advocates and community members.
“I would caution any elected officials, including Mr. Gallego, too, before jumping on and cosponsoring legislation, to do the research, to hear from the community, especially the communities that are going to be impacted,” Patino told Salon.
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