Durbin: we must have a chance to offer amendments to fix these problems and ensure the bill would accomplish its goals
WASHINGTON – U.S. Senate Democratic Whip Dick Durbin (D-IL), Ranking Member of the Senate Judiciary Committee, today spoke on the Senate floor outlining his concerns with the Laken Riley Act, legislation the Senate is considering this week.
“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. We should do everything possible to make sure this type of tragedy never occurs again. But I do have serious concerns about some of the language in this legislation,” said Durbin.
“Let me give you an example. This bill would mandate immigration detention for an undocumented immigrant if they are arrested for shoplifting—even if they are never charged or convicted for that offense… Current law requires mandatory detention of individuals with serious criminal convictions by Immigration and Customs Enforcement, better known as ICE. This has been on the books for a long time. It’s the right thing to do. 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. Period. Existing law gives ICE discretion to detain undocumented immigrants on a case-by-case basis. ICE assesses each case individually so the agency’s limited resources are used effectively to protect our national security and public safety,” Durbin said. “But this bill, as currently written, would eliminate ICE’s discretion to prioritize the detention and deportation of dangerous individuals. Instead, it requires ICE to treat a child arrested for shoplifting candy the same as an adult convicted of child abuse.”
Under current law, noncitizens who enter the country illegally, violate the terms of their status, or have their visa revoked can be detained by officials from ICE. Current law also requires the detention of individuals with serious criminal convictions, and those who have committed murder, rape, or any crime of violence or theft offense with a term of imprisonment of at least one year. The law also gives ICE discretion to detain a noncitizen in any case in which a noncitizen has been charged with a crime.
Durbin said, “ICE told my office that this legislation would require them to detain more than 65,000 immigrants. But Congress has only provided ICE with funding to detain 42,000 people, and the agency is already holding nearly that many. So if this legislation becomes law, ICE could be forced to release tens of thousands of other immigrants who were detained under ICE’s current policies, which prioritize those who pose a threat to public safety.”
The legislation also gives state attorneys general the standing to sue federal immigration authorities for actions completely unrelated to stopping violent crime. The legislation would require federal courts to prioritize these cases to the greatest extent possible. This would rob federal judges of the ability to control their courtrooms and could grind their dockets to a halt.
“These standing provisions would also undermine the supremacy of the federal government over immigration and border security, which is established by our Constitution,” Durbin said. “[These standing provisions] could also dramatically reduce legal immigration to our country. Because of the way this bill is drafted, the Department of State, under any administration, could be blocked from issuing any visas to nationals from a certain country, like India or China.”
Durbin concluded, “Perhaps some of my colleagues think these are good policy goals. But they have nothing to do with the tragic murder of this young woman [Laken Riley]. 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 of Durbin’s remarks on the floor is available here.
Audio of Durbin’s remarks on the floor is available here.
Footage of Durbin’s remarks on the floor is available here for TV Stations.
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