Congress close to passing first Trump-era deportation bill with Democratic support

The countdown to Trump-era immigration deportations is underway. The incoming president will have a new legal tool to begin expelling immigrants from the country. Congress is preparing to pass a bill to allow the deportation of undocumented immigrants who are charged with minor crimes, even if they have not been convicted. The House approved the bill last week and the Senate then gave the green light to begin debate on it thanks to a vote that garnered decisive support from Democratic senators. The agenda is is not fixed yet, but the debate and final approval of the bill could take place as early as this week, in time for Donald Trump to start implementing it after taking office on January 20.

The bill is named after Laken Riley, a 22-year-old nursing student who was murdered in February 2024 at the University of Georgia in Athens by José Antonio Ibarra, a Venezuelan who had crossed the border illegally in September 2022 and who, after being arrested for shoplifting, was allowed to go free while his legal status was processed. It was one of the cases that Trump exploited during his campaign. Ibarra was sentenced to life in prison in November.

The bill passed the House by 264 to 159, with 48 Democratic members of Congress supporting it alongside all Republicans. However, it was in the Senate where Democratic support proved decisive in allowing the bill to proceed. In the Senate, 60 of the 100 votes are needed to avoid a filibuster. Although Republicans have only 53 senators, the outcome of the vote was 84 in favor and only 9 against.

That was not the final vote on the bill, but a simple majority is now sufficient to approve it. Even so, Democrats hope to introduce amendments and reach a consensus with Republicans, as their leader in the Senate, Chuck Schumer, explained on the floor.

As currently worded, the new legislation would require Immigration and Customs Enforcement (ICE) to detain unauthorized immigrants who are arrested for or charged with burglary, theft, larceny or shoplifting, and hold them until their removal from the country. Under current law, immigrants must have been convicted of two misdemeanors or one felony to face deportation. The new law would also allow states to sue the federal government if they can prove damages caused by immigrants entering the country illegally.

A similar initiative failed last term after being approved in the House but getting blocked in the Senate, which was then dominated by Democrats. The latter have toughened their position on immigration following the electoral success of the Republicans, who won the presidency and a majority in both legislative chambers on November 5.

“Not only am I voting yes on the Laken Riley Act, I’m cosponsoring the bill,” tweeted Democratic Senator Ruben Gallego of Arizona. “Arizonans know better than most the real consequences of today’s border crisis. We must give law enforcement the means to take action to prevent tragedies like what occurred to Laken Riley,” he added. Meanwhile, John Fetterman, Senator for Pennsylvania, wrote: “I support a secure border. I support a legal path for Dreamers [who arrived as minors of immigrants and have made their lives in the country]. I support the Laken Riley Act.”

It also marks a change from Trump's first term, when Democrats stood up to him from the start on almost every measure he took. Now, they appear willing to adopt a new strategy, cooperating with Republicans on some issues and picking their battles carefully.

Immigrant advocacy groups harshly criticized the bill. “This bill is shamefully exploitative and has one clear intention in mind: to fulfill Trump and MAGA’s brutal and politically motivated agenda of rounding up millions of immigrants for mass detention and deportation by any means necessary,” Juliana Macedo do Nascimento, Deputy Director of Federal Advocacy at United We Dream Action, said in a statement. “It is deeply disappointing that some Democrats fell for the obvious political scapegoating and traps MAGA Republicans set for them instead of standing firm and defending what the vast majority of Americans truly want: a humane, fair, and efficient immigration system.”

One of the objections that these organizations and some Democratic congressmembers have to the law is that immigrants do not need to be tried and convicted for these minor crimes; it is enough for them to be accused or detained for them. They argue that this violates the presumption of innocence and the right to due process and, therefore, violates the Constitution. Others criticize that, with the scarce resources available, focusing on the perpetrators of minor crimes may end up reducing the effort to concentrate on the most dangerous and violent cases.

Republicans are also planning other legal initiatives, such as forcing asylum seekers to wait abroad for their cases to be resolved and cutting federal funding for cities that do not cooperate with immigration authorities. Trump promised during his campaign to carry out mass deportations of up to 11 million undocumented immigrants, although he later said that he would initially focus on the expulsion of criminals, opening the door to a deal for the Dreamers to stay in the United States.

Temporary protection

Meanwhile, the Biden administration decided last week to extend for another 18 months the Temporary Protected Status (TPS) that allows them to legally remain in the United States. The move will help around 600,000 Venezuelans, more than 230,000 Salvadorans and more than 100,000 Ukrainians.

Congress created TPS in 1990 to prevent deportations to countries suffering from natural disasters or civil strife by granting people work authorization for periods of up to 18 months at a time. About 1 million immigrants from 17 countries are protected by TPS, including people from Venezuela, Haiti, Honduras, Nicaragua, Afghanistan, Sudan, Ukraine and Lebanon, the Associated Press reports.

Venezuelans are the largest beneficiaries and their extension runs from April 2025 to October 2, 2026. Salvadorans obtained TPS in 2001 after the earthquakes that shook the Central American country. It was set to expire in March and is now extended until September 9, 2026.

Trump suggested during his campaign that he would reduce policies granting temporary status. During his first term, he tried to end TPS for El Salvador, but the courts prevented him from doing so.

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