Sen. John Fetterman is the only Democrat senator co-sponsoring a Republican-led bill it would require federal authorities to detain undocumented immigrants arrested for theft-related crimes.
The bill, passed in the House on Tuesday with bipartisan support, is scheduled to go to a vote in the Senate on Friday. In addition to requiring the federal government to detain illegal immigrants who commit theft, it would allow states to sue the Department of Homeland Security for harm to their citizens as a result of illegal immigration, greatly expanding the power of state attorneys general.
Lawmakers named the legislation after Laken Riley, a 22-year-old nursing student at Augusta University who was murdered while jogging at the University of Georgia. Her convicted killer, Jose Ibarra, came to the United States illegally and was released early after being arrested for stealing merchandise from a Walmart store. In November, he was sentenced to life in prison without parole.
“Laken Riley’s story is a tragic reminder of what is at stake when our systems fail to protect people,” Fetterman said in a joint press release sent by the bill’s sponsor, Sen. Katie Britt (R-Alabama). “No family should have to endure the pain of losing a loved one to preventable violence,” the Pennsylvania Democrat continued. “Immigration makes our country great. I support giving authorities the tools to prevent such tragedies as we work towards comprehensive solutions to our broken system.”
“Seismic Shift”
Fetterman’s support, first reported by Punchbowl Newscontinues the openness he has shown in working with Republicans and on Republican-led issues. Every Republican in the Senate supports the bill. But Fetterman’s endorsement also reflects how Democrats are re-examining their stance on immigration, which played a key role in the presidential campaign in Pennsylvania and across the country. While Fetterman is the only Democratic co-sponsor listed, Sens. Gary Peters (D, Michigan) and Jon Ossoff (D, Georgia) during Tuesday’s interviews on The Hill, they signaled they would support the bill.
The bill passed the House on Tuesday with the support of 48 Democrats, including Pennsylvania Reps. Brendan Boyle of Philadelphia and Chris Deluzio, who represents part of western Pennsylvania near Pittsburgh. Rep. Dwight Evans (R-Pa.) of Philadelphia did not vote.
“We are a nation of laws and a nation of immigrants,” Boyle, whose father emigrated from Ireland, said in a statement Tuesday. “We can be faithful to both. As the son of an immigrant, I am proud and pro-immigrant. I also believe in holding those who break the law accountable.”
Boyle said the bill is “not perfect,” but called it “significantly improved” over the version introduced last session, which he said was “filled with vitriolic partisan attacks.”
For the bill to gain a vote in the Senate, Republicans would need at least seven Democrats to support passage of the bill.
Democrats and immigrant rights groups opposing the bill, he accused Republicans of using a terrible tragedy for political gain. They called the legislation a violation of due process, noting that it would mandate the detention of undocumented immigrants, including DACA recipients and people with Temporary Protected Status, accused of theft, even if they have not been convicted. And a provision allowing states to sue the federal government could represent a “seismic shift” in immigration policy, said Nayna Gupta, policy director at the American Immigration Council.
“This is the Republican playbook,” Rep. Pramila Jayapal (D-Wash.) said on the House floor. “Scare people with immigrants, never propose anything that will actually solve the outdated and mysterious immigration system.”
Fetterman has been a staunch advocate of immigrants, especially those known as “Dreamers” who come to the country as minors. His wife, Gisele, was a “Dreamer” who came to the United States with her mother and younger brother from Brazil at the age of 7. The family, all undocumented, lived in a one-room apartment in New York, a story both Fettermans told during the campaign. In 2004, Gisele Fetterman obtained legal constant residence, commonly known as a green card, and in 2009 she became a United States citizen.
While Fetterman has reiterated his support for Dreamers in recent months, he has also called for stronger border security and tougher penalties for undocumented immigrants who commit crimes.
“ICE has reported tens of thousands of migrants with criminal histories of murder or sexual assault.” Fetterman posted on Tuesday. “A total of 425,000 people had criminal records and should be deported. I support a safe border. I support a legal path for Dreamers. I support Laken Riley’s bill.”
this number 425,000, refers to an ICE memo issued this summer and includes decades of data, including people who arrived in the country 40 years ago and people who are in federal, state or local prisons, serving time or awaiting trial.
Jasmine Rivera, executive director of the Pennsylvania Immigration Coalition, said Fetterman is “turning his back on the immigrant community” by supporting the bill.
“We stood with his family in front of the prison for immigrant families. And now he takes this line?” Rivera said, recalling a vigil outside the Berks County Migrant Detention Center.
“When John Fetterman first ran for Senate … I heard him say over and over how grateful he was to his wife’s parents,” Rivera said. “Because they chose to come to this country and they chose to take the risk of being undocumented. And thanks to them, he was able to meet his wife and start a family. That’s what I remember because over the last few years he has completely turned his back on the immigrant community.”
How the novel law will change immigration rules
The legislation would change immigration laws to allow the Secretary of Homeland Security to take custody of undocumented people charged with theft-related crimes, including burglary, theft and shoplifting. These detentions may result in deportation. Under current law, an undocumented immigrant who commits two minor crimes may face deportation.
In recent years, Congress has taken a more stringent approach to deportable offenses, expanding the list to include more minor offenses. Studies have shown that illegal immigrants commit crimes at much lower rates than U.S.-born citizens.
“The claim that a person arrested merely for stealing diapers from a store can be held without bail is a violation of due process,” said Gupta of the American Immigration Council, an immigrant advocacy group.
Under the bill, state attorneys general could also sue the federal government if an immigrant who enters the United States illegally and is released commits a crime against the state or its residents.
Gupta said those lawsuits could include state attorneys general suing the federal government to stop issuing visas to other countries.
“It’s really just a tool to implement Trump’s mass deportation program,” she said. “And a way to reach undocumented people and give anti-immigrant state prosecutors general latitude to police what the federal government does.”
