WASHINGTON — The Senate will vote Thursday to begin debate on the Laken Riley Act, a Republican-led bill aimed at cracking down on illegal immigration that has received significant support from Democrats.
Democrats are expected to deliver enough votes to pass the 60-vote threshold in the Republican Party-controlled Senate and advance the legislation. But some have suggested they want to amend the bill, so it’s unclear whether it will gain enough support for final passage.
Sen. Raphael Warnock, D-Ga., said Thursday that he will vote “to begin a floor debate on the Laken Riley Act because I believe the people of Georgia want their lawmakers in Washington to address the issues in this legislation. ” But he did not say whether he would support final passage of the bill as written.
“I look forward to continuing to discuss this bill with my colleagues, and I welcome a serious bipartisan conversation about what we need to do to fix our broken immigration system to keep Georgians safe and prevent another senseless tragedy,” said Warnock said in a statement.
The openness of some Democrats to support the bill comes as the party is recalibrating its views on immigration policy after being politically defeated on the issue. In the 2024 election, voters trusted newly elected President Donald Trump over Kamala Harris to handle immigration by a 9-point margin, NBC News exit polls show. And voters who cited immigration as a top issue supported Trump over Harris by 89% to 9%, according to exit polls.
The Laken Riley Act would amend federal law to require ICE, operating under the Department of Homeland Security, to deploy detainees and take people into custody in the country illegally for theft-related crimes, including shoplifting. It would target people who have been charged, arrested or convicted of committing “burglary, theft, theft or shoplifting.”
The legislation would also give attorneys general the authority to sue the federal government for alleged immigration enforcement failures “if the state or its residents suffer harm, including financial damages in excess of $100.”
The bill, the first of the new Congress sworn in last week, was named after the 22-year-old nursing student from Georgia who was illegally killed by an immigrant in the United States in 2024; she would have turned 23 on Friday.
Earlier this week, the Republican Party-led House passed the bill 264-159, with 48 Democrats voting in favor. In the Senate, Republicans have 53 seats and – with full turnout – would need at least seven Democrats next week to guarantee final approval of the written legislation.
Some Democrats representing rival states or border communities have roundly supported the bill, including Sens. Ruben Gallego, D-Ariz.; Mark Kelly, D-Ariz.; John Fetterman, D-Pa.; Jon Ossoff, D-Ga.; Elissa Slotkin; D-Mich., and Jacky Rosen, D-Nev.
“Sen. Ossoff supports the Laken Riley Act and plans to vote for it,” a spokesperson for the Georgia senator, who is up for re-election in 2026, said in a statement Thursday.
Sen. Gary Peters, D-Mich., who is up for re-election in 2026, plans to vote for the motion on Friday, according to a source familiar with his plans, but has not co-sponsored the legislation.
Democrats say they are open to a conversation about how the bill can be improved and want the ability to propose amendments, which is one reason they are willing to move the bill forward.
“I think there is an opportunity to discuss the bill and try to amend it to make it better,” said Sen. Chris Murphy, D-Conn., who added that he has real problems with the legislation as it currently stands has been drawn up. “The underlying bill looks like a poorly constructed piece of legislation. But we can make the potential even better.”
Democrats are considering changing the wording of the bill to lower the threshold for what triggers an ICE detention of an undocumented person, according to a Senate aide. Currently, it covers anyone who “is accused of, arrested for, convicted of, admits to having committed acts or admits to having committed acts constituting the essential elements of any crime of burglary, theft, larceny or shoplifting.”
“By taking it to a better place, I think, to make people feel more comfortable, it’s just about focusing on the people who are doing bad things, and not being in a potentially nefarious way used,” the aide said, while insisting that Democrats plan to “engage in a serious way” to improve this, and not ask for “pie in the sky.”
Senate Minority Leader Chuck Schumer, D-N.Y., signaled at his conference this week that he was open to Democrats voting to advance the bill, a move that would allow Democrats to pass amendments offer, the spokesperson said.
Schumer responded to the growing group at his conference who expressed a desire to either vote directly for the bill or at least engage in negotiations to improve the package.
If the Senate adds amendments to the bill, it must return to the House of Representatives for final approval.
The Senate Democratic aide said the party has been willing to push for stricter border laws for some time, saying, “This is where voters continue to move, and good elected officials continue to listen to them.”
Some immigration advocates are calling on Democrats to amend the bill to remove the provision that gives attorneys general the power to sue the federal government, warning that doing so will give bad actors the power.
“If they want to prove that they take border security seriously, this is not the bill. This is a trap,” said Kerri Talbot, executive director of the advocacy group Immigration Hub and a former Senate counsel for Democrats. “All they have to do is read the bill to see that it is unconstitutional, endangers long-settled immigrants and allows the nation’s Ken Paxtons to target families.”
In addition to the Laken Riley Act, Republicans plan to introduce several immigration bills in the House and Senate in the coming weeks to appease conservatives who want to immediately tackle the border — and to force Democrats to cast tough votes.
A second Democratic aide said the political dynamics on the issue are changing.
“I think Democrats have for a long time allowed interest groups to push them to the left on immigration and border security issues: pushing them to oppose even popular immigration and border security reforms because it could lead to some deportation lead,” the assistant said. candid about the sensitive subject on condition of anonymity, written in a text message. “This past election has shown that this is not where the majority of Americans are, and that Democrats must make it clear that they stand against criminals – even if that means deporting an undocumented immigrant who has committed a crime has committed.”
This article was originally published on NBCNews.com
