As the U.S. House of Representatives approved a Republican-led bill requiring the detention of undocumented immigrants accused of theft-related crimes, two New Jersey Democrats were notably absent from Tuesday’s vote.
U.S. Reps. Mikie Sherrill and Josh Gottheimer, both Democrats running in a crowded gubernatorial primary, were the only New Jersey lawmakers who did not cast a vote on the issue. Laken Riley Act — a measure that would require federal authorities to detain undocumented immigrants arrested for burglary, larceny, larceny or shoplifting.
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The bill is named after a 22-year-old woman who was murdered last year by an undocumented immigrant who had been released early after being arrested for shoplifting at Walmart. Was in November he was sentenced to life in prison without the possibility of parole. In addition to the authority to detain undocumented immigrants accused of crimes, the bill also gives state prosecutors general authority to sue the Department of Homeland Security over immigration-related charges.
On Tuesday, Sherrill and Gottheimer were among the 11th members of the House who did not vote on the measure. The bill passed the House by a 264-159 majority. All New Jersey Democrats present voted against the bill.
Across the country, 48 Democrats crossed party lines to support the measure, including Pennsylvania Reps. Brendan Boyle of Philadelphia and Chris Deluzio, who represents parts of western Pennsylvania. Rep. Dwight Evans, a Democrat from Philadelphia, did not vote. The bill is now scheduled for a vote Friday in the Senate, where Sen. John Fetterman (R-Pa.) is its sole Democratic co-sponsor.
When the bill came up for a vote in the House of Representatives last year, Gottheimer voted for it and Sherrill voted against it. Both lawmakers declined to say why they passed the latest vote.
But on Wednesday Tony Wen, Gottheimer’s spokesman said the lawmaker would have voted in favor of the bill if he were there, which would make him the only New Jersey Democrat in the House to support the measure. Wen said Gottheimer’s office released his potential vote for the congressional record on Wednesday afternoon but declined to discuss Gottheimer’s position in detail.
In a statement Wednesday, Sherrill criticized the legislation, saying lawmakers were “playing politics with a serious issue.”
“Laken Riley’s murder was tragic – but this bill fails to provide justice for her and instead mandates imprisonment and eliminates the due process rights of some people, including DACA recipients, who have not been convicted or charged with a crime, which is why I previously voted against it.” Sherrill said.
Sherrill and Gottheimer faced criticism from opponents on both sides of the aisle in the governor’s race for not voting on the bill, with Jersey City Mayor Steve Fulop, a Democrat opposing the move, calling them “cowards” and Jack Ciattarelli, a Republican who opposed it supports, accusing them of lack “the courage to stand up to your far-left base.”
“They should have had the courage to vote in the first place and they should have voted no instead,” Fulop wrote in a text message Wednesday. “[Trump’s] The purpose of this bill is to create a pipeline of mass detention and deportation, which I believe most New Jerseyans do not support.”
Both Fulop and Ciattarelli also criticized both lawmakers for announcing their candidacies for governor before being re-elected to Congress. Sherrill spokesman Sean Higgins responded he told Politico that both Fulop and Ciattarelli are “desperate.”
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The vote wasn’t the first time Sherrill and Gottheimer had missed the vote in recent months.
According to GovTrack, both lawmakers received no more votes than 95% of their colleagues in November and December. website collecting data on the voting results of members of Congress. Gottheimer failed to cast 29 of 62 votes during that period, and Sherrill missed 21, according to GovTrack.
Gottheimer vacated 115 positions during his previous terms from January 2017 to December 2024, and Sherrill vacated 117 during his previous terms from January 2019 to December 2024.
In late November, Gottheimer’s then-spokesman, Zach Florman, said the lawmaker “will be present for every critical vote and is already working closely with leadership to ensure that.” The New Jersey Monitor reported..
Sherrill and Gottheimer also did not vote on the matter Senator Elizabeth Dole Improving Health Care and Benefits for 21st Century Veterans Actwhich is intended to support Department of Veterans Affairs services, the Monitor reported. The vote took place the day Sherrill announced her campaign and just days after Gottheimer announced his own. They were the only members of the state House delegation who did not participate in the vote.
A few days later, Gottheimer was the only member of New Jersey’s 11-man team According to the Monitor, the congressional delegation missed two more votes, including the Ending Terrorist Financing and American Hostage Tax Penalties Act, which would have allowed the government to revoke the tax-exempt status of groups it accuses of supporting terrorism.
