With large Democratic support, Senate expands bill that could deport immigrants without due process

The Senate on Wednesday voted 70-25 to adopt the first amendment to the Laken Riley Act, a bill that would would mandate that Immigration and Customs Enforcement detain and potentially deport undocumented migrants accused — but not yet convicted — of nonviolent crimes such as trespassing and theft. The amendment, proposed by Sen. John Cornyn, R-Texas, would also require ICE to detain any undocumented migrant accused of assault on a law enforcement officer.

Twenty-one Democrats voted with every Republican who was present to adopt the amendment, with further debate scheduled for Thursday.

The legislation, named after a Georgia college student who was murdered by a Venezuelan migrant who was previously arrested and then paroled for shoplifting, had already passed two procedural hurdles with overwhelming Senate support.

Some Democrats, like co-sponsors Sen. John Fetterman, D-Penn., and Sen. Ruben Gallego, D-Ariz., have said they would back the Laken Riley Act all the way to final passage. Others are hoping to use the debate process to fix a bill that critics say would allow authorities to disregard due process in order to effect mass deportations. Cornyn's amendment might elevate those concerns, as police officers have previously charged people (particularly arrestees) with assault only for evidence to later prove their claims were unfounded.

So far, Democratic efforts to change the bill have been in vain. An amendment proposed by Sen. Chris Coons, D-Del., would have cut out a section of the bill that gives state attorneys power to sue the federal government over detention policy, but it was voted down along party lines, 46-49.

Senate Majority Leader John Thune, R-S.D., has pledged to allow an open debate and amendment process in the next several days. “We’ll have debate, and we’ll aim to produce the strongest bill that we can pass into law. That’s our goal," he told reporters.

The South Dakota Republican has also said that he supports an amendment from Sen. Joni Ernst's, R-Iowa, that would expand the bill to include the detention of undocumented migrants accused of committing crimes that cause death and serious bodily harm.

The Laken Riley Act already passed the House with 48 Democratic votes, but once the Senate votes on the bill it will once again return to the House for another vote.