The Philadelphia Inquirer (TNS), by Jeff Gammage and Julia Terruso

The first Senate Democrat to support a Republican-led plan that would mandate that federal authorities hold unauthorized immigrants detained for theft-related offenses is Pennsylvania Senator John Fetterman.

On Friday, the Senate is expected to vote on the plan, which was approved by the House on Tuesday. It would dramatically increase the power of state attorneys general by allowing states to sue the Department of Homeland Security for harm caused to their residents by illegal immigration, as well as forcing federal incarceration of undocumented immigrants who commit larceny.

The law was named by lawmakers in honor of Laken Riley, a 22-year-old nursing student from Augusta University who was killed at the University of Georgia while jogging. Jose Ibarra, her convicted murderer, had previously been freed following an arrest for stealing goods from a Walmart and had entered the country illegally.In November, he received a life sentence without the possibility of release.

Fetterman stated in a joint news release provided by the bill’s sponsor, Sen. Katie Britt, R-Ala, that Laken Riley’s tale serves as a terrible reminder of what happens when our systems fail to protect individuals. Fetterman went on to say that no family should have to bear the sorrow of losing a loved one to avoidable violence. Our nation is wonderful because of immigration. While we work on complete remedies to our broken system, I support providing authorities with the tools they need to prevent tragedies like this one.

A seismic shift

Punchbowl News was the first to announce Fetterman’s endorsement, which furthers his willingness to collaborate with Republicans and cooperate on Republican-led projects. Every Republican in the Senate supports the bill. However, Fetterman’s support also shows that Democrats are reconsidering their immigration policies, which were crucial to the national and Pennsylvania presidential campaigns. Sens. Gary Peters, D-Mich., and Jon Ossoff, D-Ga., stated in interviews on the Hill Tuesday that they would support the bill, despite Fetterman being the only Democratic cosponsor on the list.

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With the backing of 48 Democrats, including Reps. Chris Deluzio, who represents a region of Western Pennsylvania outside of Pittsburgh, and Brendan Boyle, D-Philadelphia, the bill passed the House on Tuesday. Rep. Dwight Evans, a Democrat from Philadelphia, did not cast a ballot.

Republicans would need the cooperation of at least seven Democrats to take up the proposal in order for it to be voted on in the Senate.

Republicans were accused by Democrats and immigrant rights organizations opposing the bill of using a terrible tragedy for their own political ends. The bill would require imprisonment for undocumented immigrants, including DACA participants and others with temporary protected status accused of theft, even if they are not found guilty, they said, calling it a breach of due process. Additionally, according to Nayna Gupta, policy director at the American Immigration Council, the clause allowing states to sue the federal government may mark a radical change in immigration policy.

On the House floor, Rep. Pramila Jayapal (D., Wash.) declared, “This is the Republican playbook over and over again.” Make Americans fearful of immigrants and never offer a solution to an antiquated and complex immigration system.

Laken Hope Riley is depicted in this undated photo from Augusta University.Augusta University through AP

Fetterman has been an outspoken supporter of immigration, especially Dreamers, who enter the US as children. At the age of seven, his wife Gisele, a so-called Dreamer, traveled from Brazil to the United States with her mother and younger brother. The Fettermans have recounted on the campaign trail how the family, who were all undocumented, lived in a one-room apartment in New York City. Gisele obtained a green card, or lawful permanent residency, in 2004, and in 2009, she obtained U.S. citizenship.

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In recent months, Fetterman has reaffirmed his support for Dreamers, but he has also advocated for tighter border controls and harsher punishments for illegal immigrants who commit crimes.

Fitterman wrote on X Tuesday that ICE has reported tens of thousands of migrants with criminal records related to sexual assault or homicide. 425,000 should be deported since they have a total of criminal histories. I’m in favor of a safe border. I’m in favor of Dreamers having a legal route. The Laken Riley Act has my support.

According to a letter released by ICE this summer, the 425,000 figure includes information spanning decades, including those who entered the nation 40 years ago and those who are now serving terms or awaiting trial in federal, state, or municipal prisons.

By endorsing the bill, Fetterman was betraying the immigrant community, according to Jasmine Rivera, executive director of the Pennsylvania Immigration Coalition.

His family and I were in front of an immigrant family prison. He’s taking this line now? Rivera recalled a vigil outside the Berks County migrant holding facility.

Rivera recalled hearing John Fetterman often express gratitude to his wife’s parents during his initial Senate campaign. because they made the decision to travel to our nation and accept the possibility of not having proper documentation. They also made it possible for him to meet his wife and have a family. He has been totally ignoring the immigrant community for the past two years, and that is what I keep thinking about.

How the legislation would change immigration laws

The bill would amend immigration rules to allow the Secretary of Homeland Security to detain undocumented individuals accused of theft-related offenses such as shoplifting, larceny, and burglary. Deportation may follow those detentions. An unauthorized immigrant who commits two minor offenses could be deported under the present legislation.

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In recent years, Congress has expanded the list of offenses that can lead to deportation to include more minor ones and adopted a tougher stance.Undocumented immigrants commit crimes at significantly lower rates than citizens of the United States, according to studies.

According to Gupta of the American Immigration Council, an immigrant advocacy group, it is against due process to argue that someone who is simply apprehended for stealing diapers in a store might be held without being given the chance to be released.

On Wednesday, Nov. 20, 2024, in Athens, Georgia, Jose Ibarra is on trial at Athens-Clarke County Superior Court, where he is listening through an interpreter.Hyosub Shin | AP, Pool, Atlanta Journal-Constitution

The bill would allow state attorneys general to bring legal action against the federal government in the event that an illegal immigrant who is freed from custody commits a crime against the state or its citizens.

According to Gupta, state AGs may file challenges against the federal government to prevent it from granting visas to foreign nations.

She claimed it’s actually simply a vehicle for Trump’s plan of mass deportations. Additionally, a means of focusing on undocumented individuals and granting anti-immigrant state attorneys general discretion over federal actions.

Philadelphia Inquirer, 2025. See www.inquirer.com. Tribune Content Agency, LLC is the distributor.

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