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Congress Passes Controversial Immigration Bill Amid Resource Concerns
In a significant legislative move, Congress has passed a bill aimed at increasing the detention of specific undocumented immigrants, a decision that has faced criticism regarding its practicality given existing resource limitations. This bill, now headed to President Donald Trump, reflects ongoing tensions and differing perspectives on immigration policy in the U.S.
On Wednesday, the House voted 263-156 in favor of the Laken Riley Act (S 5), which mandates that the Department of Homeland Security detain any undocumented person charged with, arrested for, or convicted of crimes such as burglary, theft, larceny, or shoplifting. The bill garnered unanimous support from present Republicans and the backing of 46 Democratic representatives.
The Senate had previously approved the legislation with a vote of 64-35 on Monday, with a dozen Democratic senators also lending their support. Notably, the Senate introduced amendments to the bill, expanding the criteria for mandatory detention to include undocumented immigrants charged with assaulting law enforcement officers or committing offenses that lead to serious injury or death.
However, prior to the commencement of Trump’s second term, Immigration and Customs Enforcement (ICE) expressed serious concerns regarding the implementation of the initial version of the bill. An internal document obtained by NPR indicated that enforcing the legislation could require an estimated $26.9 billion in its first year. This poses a stark contrast to ICE’s existing annual budget, which is about $9 billion, as noted in a December report.
ICE highlighted that to effectively enforce the new mandates, an additional 110,000 detention beds and over 10,000 personnel focused on enforcement and removal operations would be necessary. Moreover, the agency would require more than 7,000 extra attorneys and support staff to manage the expected increase in immigration proceedings, according to reports.
In its fiscal 2024 budget justification, ICE disclosed that its workforce currently comprises over 21,000 employees, with more than 8,500 specifically engaged in enforcement and removal operations. Data from the Office of Personnel Management revealed that ICE hired nearly 940 individuals in the fiscal year 2023, the most recent fiscal year for which complete statistics are available.
The Congressional Budget Office (CBO) suggested that a previous iteration of the bill considered in the 118th Congress would result in a minimal financial impact, estimating costs to be less than $500,000 from 2024 to 2029. However, this projection is based on the assumption that new detention requirements would replace existing detention levels rather than increase them. CBO Director Phillip L. Swagel noted that due to the present availability of detention accommodations, any uptick in detained individuals would likely be counterbalanced by a decrease in the detention of others already in custody.
As of now, ICE has not provided public comments on the bill or its potential implications.
In the backdrop of these legislative developments, Congressional Republicans are also working on immigration reforms that align with Trump’s proposed enforcement strategies. Senate Majority Leader John Thune (R-S.D.) recently emphasized the Republican stance, asserting that “keeping criminal, illegal aliens off our streets is a good investment” while indicating plans for enhanced assistance to ICE.
The Laken Riley Act is named after Laken Riley, a 22-year-old nursing student tragically murdered in February 2024 by an undocumented immigrant who had a prior shoplifting citation. Proponents of the bill argue that it could have been a preventive measure in her case. Opponents counter that the legislation may unjustly target individuals who have not been formally convicted of any crime.
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