Senate immigration bill aims to overturn Supreme Court precedent in a sea change for legal system, experts say
Source: CNN Politics
Updated 10:15 AM EST, Sun January 12, 2025
CNN Anti-immigrant state officials and federal judges would have new power to dictate immigration enforcement including whether to detain individual migrants under a GOP bill that has passed the House and is moving forward in the Senate with bipartisan support.
The Laken Riley Act aims to overturn Supreme Court precedent and give states such as Texas the ability to bring the types of immigration lawsuits against the federal government that have been rejected by the courts, including conservative judges, legal experts say. But it would go further, also authorizing state attorneys general to sue to overturn the decisions to release individual immigrants and even to obtain wide-reaching sanctions on a foreign country for refusing to accept a national eligible for removal.
With Democrats eager to show that they were pivoting on an issue that cost them in the 2024 election, the bill has passed the House and easily cleared its first procedural hurdle on the Senate floor, with just nine senators voting against that step Thursday. But giving states new authorities to sue is emerging as a flashpoint for some Democrats, who want changes before a final vote. I dont think we want the entire immigration system being litigated in district courts all across the country, Democratic Sen. Chris Murphy of Connecticut told reporters last week.
Republicans will likely need the votes of seven Democrats for final approval; 33 members of the Democratic caucus voted in favor of advancing it to the next procedural step. The bill would give state attorneys general multiple ways to intervene in how the federal government is carrying out immigration law. States would be able to sue when they believe the Department of Homeland Security was not enforcing the full scope of bills mandates that certain immigrants be detained.
Read more: https://www.cnn.com/2025/01/12/politics/laken-riley-immigration-enforcement-lawsuits/index.html
bucolic_frolic
(48,207 posts)The bill was all negotiated and then Trump sunk it from the sidelines.
Lovie777
(15,913 posts)Polybius
(18,921 posts)LeftInTX
(31,840 posts)Sens. John Fetterman (D-Pa.) signing on as co-sponsors
Ruben Gallego (D-Ariz.) signing on as co-sponsors
Mark Kelly (Ariz.),
Jon Ossoff (Ga.),
Gary Peters (Mich.),
Jacky Rosen (Nev.),
Jeanne Shaheen (N.H.)
Elissa Slotkin (Mich.)
Nictuku
(3,990 posts)I was reading (probably something from DU) that really concerns me:
It will turn Americans against each other, very quickly.
Here are my concerns:
Immigrants that are here without documentation ALREADY can be deported for felony crimes. It is already the law, and I think that is appropriate.
The new bill will also include misdemeanors (i.e. jay walking, or any kind of lesser crimes than felonies)
It also includes deportation for /simply an accusation/ of a crime, which anyone can make against another citizen (this is going to turn this country into how Germany was, where people snitched on their neighbors, whether the crime was real or imagined)
To me, this is terrifying, and I am not a person of color. While all this is happening, and the 'I think they are illegal' arrests and people are gathered up, it is important to note that these people will no rights, because they are automatically deemed non-citizens, and so they do not have the constitutional right to a trial or anything like that. They can be held for years and years without charges even being made.
Combine that for the Corporate (greed) need for low wages workers (especially with all the immigrants removed), and what the prison industry already does to hire out for a whopping $8.00/day prison workers (did you know a lot of prison workers are out there right now fighting fires? getting paid a pittance for putting the actual lives on the line), this could be a pipeline for slavery. That is right, slavery.
The horrible future I am seeing is masses of brown-skinned people scooped up and put into an American Gulag system. God I hope I'm wrong. The sick feeling in my stomach tells me differently. It won't be long before they start going after people for their political beliefs. To feed the need for cheap labor (because of GREED)
Why do so many humans have that flaw?
Igel
(36,480 posts)The "qualifications" for possible deportation are if the person
is charged with, is arrested for, is convicted of, admits having committed, or admits committing acts which constitute the essential elements of any burglary, theft, larceny, or shoplifting offense,;The Secretary of Homeland Security shall issue a detainer for an alien described in paragraph (1)(E) and, if the alien is not otherwise detained by Federal, State, or local officials, shall effectively and expeditiously take custody of the alien.
It obviously includes some misdemeanors. I also don't see "jaywalking" there, so that's not included, nor are a lot of other misdemeanors. A a mere accusation by a citizen won't necessarily result in triggering this law. Charged with a crime, sure. "Arrested for" seems a bit overkill to me and a court will quickly say that implies a finding of false arrest, otherwise a cop could just arrest anybody, book them, and have them deported. "I thought I saw him take something--oops, too late, too bad, so sad." So provable probable cause for detention at a minimum. Or maybe there's some standing precedent or statute that already clarifies this, I dunno.
Further,
.
I take this to mean that if a jurisdiction decides not to inform ICE or requires a warrant of detainer that might not be forthcoming in the 20 minutes between request at 11 pm and release because the jurisdiction wants to game the system or the 24 hours between detention and release because ICE practice is to game the system, others could go over the local jurisdiction's head and the local ICE office and compel ICE to detain--with a suit forthcoming if ICE fails to follow the law fairly rigorously.
Notice, this is really letting the Lilliputians do a Gulliver on city, state, and federal officials. But I know a lot of people upset, R, L, and center, precisely because so many places and levels of government have decided what federal laws passed, they'd say, "in Our Democracy, under the rule of law and not of men," they want to actually respect.
And, yes, it would seriously tie up courts and make the city, state, federal governments spend a lot of lawyer time on a ton of cases like this, if citizens so desire. And you know that some RW advocacy group will be out there with their "pro bono" lawyers making sure that happens.
It's entirely reasonable to disagree with the bill, but for such a simple bill that's fiercely partisan in origin and incredibly controversial for many it's also reasonable to really hew to the text.
This'll quickly go to SCOTUS since some will argue that without conviction with adequate legal representation and chance to adequate appeal, deportation is a violation of due process, so expect it to possibly pass and, if so, upon very speedy by an ally-jurisdiction of the bill's civil opponents, have a court find first and all later implementation blocked pending a years' long legal process.
Nictuku
(3,990 posts)Thank you for taking the time to so thoughtfully and clearly express your knowledge of the bill. It sounds like my assumptions were incorrect (thank goodness!), and I am talked down off the cliff. For now. I'm going to have to read up more on this.
Again, thank you!
awesomerwb1
(4,651 posts)It is bad as you thought it was before reading any posts here on DU. Probably worse.
Nictuku
(3,990 posts)Who knows what to believe any more. Google? My trust in google is dwindling. I wouldn't google for a handyman. So many people out to scam you.
I'm not a lawyer. I worked for the Fed Judiciary for 21 years though, and the Courts are the last standing pillar from what I can see, and that is being chipped away daily.
I wonder if this is how decent Germans felt when this was happening to their country.
LeftInTX
(31,840 posts)Some of those convictions already results in deportation [i]after sentences are served. Deporting people without a conviction and sentence is not a good idea.
awesomerwb1
(4,651 posts)Even if the charges for a petty theft charge 10 or 20 years ago were dropped and the crime itself was not grounds for deportation or inadmissibility, they would be now.
awesomerwb1
(4,651 posts)Are you a lawyer? Most specifically an immigration lawyer? Honest curiosity.
I became curious about this bill and did a quick search. It appears that this crazy bill would target people who in the past simply admitted to the "essential elements of a crime". Even if under TPS or DACA.
So for example, say someone was arrested for petty theft 20 years ago -the arrest alone would trigger being detained even if the person was found innocent or the charges were dismissed, no statute of limitations.
This sounds pretty radical and overreaching to me. And for so many Dems to go along with it, it's extremely disappointing.
slightlv
(4,668 posts)of our red states have tried to declare. Going so far, even, to say screw the federal government, they'll do it their way. BUT it is in the constitution... so how can they rule against the constitutional federal government and vote FOR those same rules and regulations to be governed by the states, except to either completely kill the constitution, try to get the constitution changed, or just freaking secede already.
blogslug
(38,713 posts)Call your senators. Tell them to vote NO on S.5, the Laken Riley Act
https://www.aclu.org/documents/letter-to-representatives-requesting-a-no-vote-on-the-laken-riley-act
Nictuku
(3,990 posts)That ACLU letter helped clear up my confusion. It IS worse than I thought.
Sometimes I hate being part of the human race.
I don't understand how people can do such horrible things to other humans.
I think I need to go look at the deer and turkey outside.
I might need a good cry. And it isn't even 1/20 yet.
... first they came for the immigrants...
republianmushroom
(18,601 posts)Yup, time for a change.