After a Week of Activity on Capitol Hill, Senate Votes to Begin Debate on Laken Riley Bill

FAIR Take | January 2025
Last Thursday, the Senate voted to begin debate on the Laken Riley Act (S. 5) by a margin of 84-9. The vote marked a rare instance over the past two decades that a majority of Senate Democrats voted to advance immigration legislation that did not include some sort of amnesty or expansion of legal immigration. Only eight Democrats and one Independent voted in opposition.
The Senate vote to begin debate occurred only two days after the House of Representatives voted to pass the bill. The Senate version of the Laken Riley Act is almost identical to the House version. If passed, the legislation would expand mandatory detention for criminal aliens and provide state attorneys general with legal standing to sue the federal government for not enforcing our immigration laws. Specifically, the bill:
- Requires the detention of inadmissible aliens for theft-related crimes;
- Requires the Department of Homeland Security (DHS) Secretary to issue detainers for those aliens and transfer from local law enforcement into ICE’s custody; and
- Grants state officials with legal standing to sue the federal government due to harm inflicted on their states or citizens from the failure to enforce our immigration laws, including failing to detain and remove illegal aliens and illegally granting parole.
The Laken Riley Act was first introduced following the February 2024 murder of Laken Riley, a 22-year-old nursing student on a run near the University of Georgia’s (UGA) campus. Her murderer, Jose Antonio Ibarra, is an illegal alien from Venezuela and a documented member of Tren de Aragua, the notorious Venezuelan prison gang. After illegally crossing into El Paso, Texas in September 2022, Ibarra was unlawfully paroled into the country by the Biden administration. He then made his way to the sanctuary city of New York, where he was arrested and charged with child endangerment, only to be released before Immigration and Customs Enforcement (ICE) could detain him. After his release, Ibarra traveled to Athens-Clarke County, another sanctuary jurisdiction in Georgia, where he was cited for misdemeanor shoplifting just months before savagely murdering Laken Riley. In November 2024, Ibarra was sentenced to life in prison without the possibility of parole.
The House of Representatives passed the Laken Riley Act for the first time within days of its introduction last March, and many advocates for immigration enforcement, including FAIR, applauded its passage. The bill was sent to the Senate, but Senate Majority Leader Chuck Schumer (D-N.Y.) refused to bring the legislation to the Senate floor.
Now, with a new Congress and new majorities, the Laken Riley Act was re-introduced the first week of January and Congress acted quickly. The House of Representatives passed the bill (H.R. 29) last Tuesday by a vote of 264-159, with 48 Democrats joining in support—11 more than when the bill first passed the House.
Following the vote, Congressman Mike Collins (R-Ga.), the House sponsor of the Laken Riley Act, was quick to applaud its passage and called on the Senate to follow suit: “Nearly one year ago, an illegal immigrant came across our border and killed Laken Riley. Today, House Republicans and Democrats joined together to ensure that no family has to go through the pain that Laken Riley’s has. I hope to see the same level of bipartisan support for this bill in the Senate, and I urge my Senate counterparts to put this on President Trump’s desk and save lives.”
In the Senate, Senator Katie Britt (R-Ala.) also re-introduced the Laken Riley Act (S. 5) this January, where it was quickly cosponsored by all Senate Republicans, as well as Democratic Senators John Fetterman (Pa.) and Ruben Gallego (Ariz.). In a press release, Sen. Britt emphasized the importance of the legislation, arguing that, “Congress has an obligation to Laken, her family, and to families in every corner of our country to do everything in our power to help prevent this type of tragedy from occurring again. That’s why it’s imperative we pass the commonsense Laken Riley Act with all due haste. No other American family needs to feel the pain Laken’s family still feels 320 days after losing her.”
Allyson and John Phillips, Laken’s mother and stepfather, also voiced their support for the bill. In a statement, they said: “The Laken Riley Act has our full support because it would help save innocent lives and prevent more families from going through the kind of heartbreak we’ve experienced. Laken would have been 23 on January 10th. There is no greater gift that could be given to her and our country than to continue her legacy by saving lives through this bill. Every single member of Congress should be able to get behind this purely commonsense bill that will make our country and communities safer.”
Following the Senate vote, Senate Republicans, joined by Congressman Collins, hosted a press conference. In that press conference, Senate Majority Leader John Thune (R-S.D.) emphasized the importance of passing the Laken Riley Act: “Laken Riley’s horrific murder should have never happened. She should still be with us today, and if she was…she’d be turning 23 tomorrow. The individual responsible was arrested not once, but twice, but was released by authorities in New York before an ICE detention order could be issued. This legislation is designed to make sure that that never happens again.”

The Senate is expected to debate and continue consideration of the bill this week, bringing it one step closer to passage. If passed through Congress, the Laken Riley Act, which is supported by FAIR, will be sent to incoming President Donald Trump to sign into law.
The Laken Riley Act is the first in a series of immigration-related bills that the House will move to pass in the coming weeks. The House rules package for the 119th Congress provided for the quick consideration of twelve bills, including: (1) a bill to render aliens who have been convicted of or who have committed sex offenses or domestic violence inadmissible and deportable; (2) a bill to make the assault of a law enforcement officer a deportable offense; (3) a bill to limit federal grant funding to sanctuary jurisdictions providing benefits to illegal aliens; (4) a bill to impose criminal and immigration penalties for fleeing from federal officers in a motor vehicle; and (5) a bill to amend the National Voter Registration Act to require proof of U.S. citizenship to register to vote in federal elections.
After four years of reckless policies, the incoming administration and 119th Congress have a mountain of work they must tackle to restore order at our borders, bolster interior immigration enforcement, and adopt permanent changes so that future administrations cannot abuse our immigration laws like we have witnessed under the Biden administration. As the first step along this journey, FAIR will continue to track the progress of the Laken Rile Act and, hopefully, its passage into law.
To read FAIR’s Legislative Agenda for the 119th Congress, click here.
Support from readers like you is crucial in funding FAIR’s operations. Please consider making a difference with a tax-deductible contribution and join our efforts in educating the public on sensible immigration reform.