Lindsey Graham - Ranking Member on the Senate Committee on the Judiciary | Official U.S. Senate headshot
Lindsey Graham - Ranking Member on the Senate Committee on the Judiciary | Official U.S. Senate headshot
U.S. Senate Democratic Whip Dick Durbin, representing Illinois and serving as the Ranking Member of the Senate Judiciary Committee, addressed his concerns regarding the Laken Riley Act on the Senate floor. The legislation is under consideration by the Senate this week.
Durbin expressed empathy for the family of Laken Riley, stating, "The loss of a child is something no parent should have to endure. My thoughts and prayers are with the family of Laken Riley. By every measure, [she was] an outstanding young woman." He emphasized the need to prevent similar tragedies but voiced apprehension about certain aspects of the bill.
Durbin provided an example where the proposed legislation mandates immigration detention for undocumented immigrants arrested for shoplifting, even if not charged or convicted. He highlighted existing laws requiring mandatory detention for individuals with serious criminal convictions by Immigration and Customs Enforcement (ICE), which he supports: "I don’t want dangerous people coming into this country and I don’t want anyone who is dangerous or undocumented to stay in this country."
Current laws allow ICE discretion in detaining undocumented immigrants based on individual case assessments to ensure effective use of resources for national security and public safety. Durbin criticized that the bill would remove ICE's discretion, equating minor offenses like shoplifting with serious crimes such as child abuse.
According to Durbin, ICE indicated that implementing this legislation would necessitate detaining over 65,000 immigrants, while Congress has funded only 42,000 detention spaces. This discrepancy could lead to releasing thousands of immigrants currently detained under ICE's priority policies focused on public safety threats.
The bill also grants state attorneys general standing to sue federal immigration authorities on matters unrelated to violent crime prevention. Federal courts would be required to prioritize these cases potentially affecting their docket management capabilities.
Durbin argued that these provisions undermine federal supremacy over immigration and border security established by the Constitution and could significantly impact legal immigration from countries like India or China due to potential visa issuance blockages by the Department of State.
He concluded by urging colleagues to consider amendments addressing these issues before proceeding with the bill: "If we are going to consider this bill, we must have a chance to offer amendments to fix these problems and ensure the bill would accomplish its goals."
Video footage and audio recordings of Durbin’s remarks are available for those interested in further details.