A new immigration bill was introduced in the Senate, last week. Since it already passed the House, there is a good chance it’ll be signed into law. But what is the significance? Well, if passed, the bill would give state attorneys general veto power over federal immigration policy.
Named after Laken Riley, a nursing student tragically murdered in February 2024 by a migrant from Venezuela, the bill will affect all migrants, regardless of their criminal background. It introduces new grounds for mandatory detention, meaning that undocumented migrants could be detained for any criminal activity, even minor offenses like theft, without the need for a conviction. Doesn’t really sound that outrageous, right? Well, let’s look a little closer.
The bill seems to create a law that allows migrants to be arrested if they commit a crime. However, current law states that a person involved in criminal activity can be arrested, and that applies to anyone, regardless of citizenship status. The proposed law goes a little further and focuses on migrants, creating an unconstitutional provision that allows the detainment of a migrant suspected of a crime, not just an arrest. Arrest differs from detention; typically, when someone is arrested, they are taken to jail and must attend an initial hearing within 48 hours. Unless there is a serious criminal background or a flight risk, the suspect is usually released on their own recognizance. Under this proposed law, detainment can be for an indefinite time without even being charged.
The most concerning aspect of the bill is in its second section, which makes subtle yet significant changes to the separation of powers. The Supreme Court has upheld the federal government’s authority over immigration, previously. However, the Laken Riley Act creates five exceptions that allow state attorneys general to ask the court for orders compelling the executive branch to undertake enforcement actions. This effectively provides a path for attorneys general to overturn immigration officers' decisions on arrests, releases, humanitarian parole, or deportations.
Additionally, the bill would authorize attorneys general to compel the Secretary of State to utilize Cold War-era laws, enabling the government to impose sweeping visa bans on countries that do not accept the deportation of their own citizens. Attorneys general would be empowered to sue individuals or entities that refuse to implement visa bans. Through civil lawsuits, they can seek injunctive relief from federal judges to enforce these bans.
Currently, several non-cooperative countries stand out regarding deportations: China, India, Venezuela, Cuba, Ethiopia, Eritrea, Pakistan, Russia, and Somalia. Over 1.8 million visas have been issued to migrants from India and China, with hundreds of thousands allocated to student and guest workers. A decision to ban visas would directly impact all of these individuals, even those who have done nothing illegal.
Diplomats from these nations have always collaborated and have never threatened visa bans as a punitive measure for non-cooperation in deportations. They have consistently negotiated terms based on mutual agreements and the importance of maintaining friendly relations to ensure smooth operations. If this bill becomes law, the authority to impose visa bans would shift from diplomatic negotiations to decisions that affect the entire country, made by a District Court Judge in a single state.
The balance of power between state and federal government will dramatically change if this bill is passed. This is just a baby step toward greater consolidation of power.
Perhaps most troubling is the fact that congressional Democrats are endorsing the Laken Riley Act. Contrary to previous assertions of a united Democratic Party, willing to stand up to Republicans and block their legislation, many Democrats are providing Republicans with a significant victory in their campaign against immigrants—even before Trump is back in office.
The bill passed the House 264-159, here are the Democrats that voted “yes” or didn’t vote:
While the bill likely would have passed given the Republican majority, its bipartisan support fosters the illusion that it aligns with Republicans' narrative of being “a common-sense fix to a broken system that will keep undocumented criminals off the streets.” In reality, the bill poses significant constitutional concerns. It grants the authority to indefinitely detain immigrants without criminal charges, shifts power from the executive branch to state attorneys general and district court judges, and enables judges to impose visa bans on entire nationalities upon a state’s request—thereby affecting migrants here, legally
Why are Democrats supporting such a cruel and unconstitutional law?
This underscores the importance of staying engaged and informed. Our representatives work for us, and it's essential to communicate with them—whether through emails, letters, phone calls, or in-person visits. Demand that they represent our interests, hold them accountable, and if they fail to do so, it's up to us to replace them.
Here’s some WYCD unCommon Sense
Stay Engaged and Up-To-Date
Research current news related to current and upcoming bills and legislation. Make sure you read information from a variety of sources. Ground News is an awesome service that labels news sources according to bias, it gives you a rounded look at news so you can make informed decisions.
Visit Congress’s website: www.congress.gov/get-alerts Here you can read about current policies and receive alerts about new policies. Keep an eye open for policies that will impact the economy. You can see details including the text of the bill and the voting record for how representatives voted on the bill.
Contact Your Representatives and Senators
Email, call, send a letter, or show up to talk in person.
If you don’t know who your government officials are, you can search for them at https://www.commoncause.org/find-your-representative/addr/
Email/Letter Template to your Senator:
Subject: Urgent: Please Oppose the Laken Riley Act
Dear [Senator] [Last Name],
I hope this message finds you well. My name is [Your Full Name], and I am a resident of [City] in [State]. I am writing to express my deep concern regarding the recently introduced Laken Riley Act.
If enacted, this legislation will grant state attorneys general unprecedented power over federal immigration policies, undermining the established separation of powers and posing significant constitutional challenges. Specifically, the bill would allow for the indefinite detention of undocumented migrants for minor offenses without due process and enable the imposition of sweeping visa bans on entire nationalities, affecting millions of legal residents and visitors.
Such measures not only threaten the rights and freedoms of individuals but also disrupt established diplomatic relations and immigration processes that rely on fairness and due process. The potential for abuse and the erosion of fundamental legal protections are deeply troubling.
I urge you to oppose the Laken Riley Act and advocate for immigration reforms that uphold our democratic principles, protect individual rights, and maintain the integrity of our legal system. It is crucial that our laws reflect compassion, justice, and respect for the rule of law.
Thank you for your attention to this important issue. I trust that you will consider the long-term implications of this legislation and act in the best interest of your constituents and our nation.
Sincerely,
[Your Full Name]
[Your Address]
[City, State, ZIP Code]
[Your Email Address]
[Your Phone Number]
Phone Script To Oppose the Laken Riley Act:
Hello, my name is [Full Name], and I am a resident of [City] in [State]. I am calling to speak with [Senator] [Last Name] regarding the Laken Riley Act.
I am calling to express my strong opposition to the Laken Riley Act recently introduced in the Senate.
If passed, this bill would grant state attorneys general undue power over federal immigration policies, undermining the separation of powers and posing significant constitutional issues. It would allow for the indefinite detention of undocumented migrants for minor offenses without due process and enable sweeping visa bans on entire nationalities, affecting millions of legal residents and visitors.
As a member of this community, I believe that this legislation threatens the rights and freedoms of individuals and disrupts established diplomatic relations. It is crucial that our immigration policies reflect fairness, justice, and respect for the rule of law.
I urge you to oppose the Laken Riley Act and support immigration reforms that uphold our democratic principles and protect individual rights.
Thank you for taking the time to listen to my concerns. I appreciate your attention to this important issue and hope you will act in the best interest of your constituents and our nation.
Please feel free to customize either of these templates to suit your needs.
When calling your Senator or meeting in person, be prepared to answer questions, such as:
Is there anything in the bill you do support?
What changes could be made so you would support this bill?
Have you researched any benefits of this bill?
Do you have personal experiences related to immigration policies?
What sources have influenced your opinion on this bill?
Tips for speaking to a representative or senator
Be clear and concise, avoid rambling
Be respectful and courteous
Support statements with facts and statistics
Be honest, admit if you don’t know an answer to a question
Be prepared
Conclusion
The power to protect our communities and uphold justice lies in our hands. We must remain vigilant, informed, and proactive in opposing legislation that threatens our shared values and freedoms. By reaching out to our elected representatives, utilizing the provided email and phone scripts, and staying engaged with the legislative process, we can collectively influence the outcome and advocate for fair and humane immigration reforms. Every voice matters, and together, we can ensure that our laws reflect compassion, respect for the rule of law, and a commitment to justice for all.
Let’s stand united against the consolidation of power that jeopardizes our democracy. Take action today to safeguard our communities and uphold the values that define us as a nation.
Stay Informed. Stay Active. Make Your Voice Heard.
References
Reichlin-Melnick, A. (2025, January 8). A New Immigration Bill Named For Laken Riley Gives States Unprecedented Veto Power. MSNBC. https://www.msnbc.com/opinion/msnbc-opinion/house-republicans-pass-laken-riley-act-immigration-rcna186488
Stern, M. J. (2025, January 10). This new immigration bill that’s about to pass is a horrifying trojan horse. Slate. https://slate.com/news-and-politics/2025/01/laken-riley-act-immigration-bill-trojan-horse.html
Stiles, M. (2025, January 7). How each member of the House voted on the Laken Riley Act. CNN. https://www.cnn.com/2025/01/07/politics/laken-riley-act-house-vote-tally-dg/index.html
Wong, S., Stewart, K., & Tsirkin, J. (2025, January 7). House passes Laken Riley Act to amp up border enforcement and put pressure on Democrats. NBC News.
