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Why the Laken Riley Act matters

Democrats finally join Republicans in getting tough on illegal immigration


Senate Majority Leader John Thune, R-S.D. (left), and Sen. Katie Britt, R-Ala., at a news conference last week to talk about the Laken Riley Act Associated Press / Photo by J. Scott Applewhite

Why the Laken Riley Act matters
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The murder of Laken Riley by a Venezuelan illegal immigrant came to define the immigration debate during the 2024 election cycle. Now, bipartisan support in Congress for the Laken Riley Act could define a renewed consensus on the issue of immigration.

Not that long ago, the imperative of having secure international borders was a point of broad bipartisan agreement. In the 1990s, President Bill Clinton campaigned and governed as a border hawk, passing the Illegal Immigration Reform and Immigrant Responsibility Act in 1996. He gave speeches on the issue that would be well-received today in the Freedom Caucus, the most conservative wing of the Republican Party in the House of Representatives. Even more recently, President Barack Obama earned the nickname “deporter in chief” from some immigrant rights groups because his administration deported more than 3 million people, a record at that time.

But that was then. Seemingly overnight, the progressive wing of the Democratic Party decided border enforcement policies that were once seen as common sense were now evidence of xenophobia and racism. That mood gained traction in the Biden administration, whose border policies not only showed indifference to illegal entry but actually incentivized it. It revoked Title 42 and the Remain in Mexico policy, which limited illegal entry, then expanded the CBP One mobile app program, which allowed people to make an asylum declaration from literally anywhere with little to no vetting. The Venezuelan gang members who took over apartments in Colorado used the program to gain legal entry so they could do illegal things.

Each month of the Biden administration seemed to break a new record in illegal border crossings, but it was the vicious, senseless murder of Laken Riley in February 2024 that made the issue personal for millions of Americans. She wasn’t in a border town; she was in Athens, Ga. Suddenly, the border was an issue for everyone.

The 2024 election divested Democrats of all their power in Washington, D.C., and it seems their position on immigration has changed as a result.

The Laken Riley Act was drafted to solve a problem many of us were shocked to discover existed in the first place. It turns out the federal government didn’t always detain illegal immigrants who were found to be committing crimes in our country. Riley’s killer was not only known to be illegally present in the country but also had been in custody multiple times for criminal behavior before murdering Riley. The commonsensical legislation requires the Department of Homeland Security to detain undocumented individuals who have been arrested, charged, or convicted of other crimes.

Even more surprising than the fact that this wasn’t already happening is that many elected officials opposed a law that would mandate the detention of illegal immigrant criminals. In March 2024, the Laken Riley Act was passed by the Republican-led House. While 37 Democrats voted with Republicans in support of the measure, 170 opposed it. The then-Democratic-controlled Senate wouldn’t even allow the bill to come up for a vote. While no one wants college students to be murdered by illegal immigrants, it seems solving the problem was too much of a political liability in an election year when Democrats were busy insisting there was no problem.

But that was then. The 2024 election divested Democrats of all their power in Washington, D.C., and it seems their position on immigration has changed as a result. They may have learned that an apathetic border policy is not what the public wants. On Jan. 9, Senate Republicans reintroduced the Laken Riley Act, and the Senate voted 84-9 to advance the bill. Democrats Sens. John Fetterman and Ruben Gallego are cosponsors. The House passed the measure again, this time with the support of 48 Democrats. It remains a minority of House Democrats but a growing minority.

Living with other people has long required humanity to navigate the fact that we’re different, but navigating our differences will always require agreement on fundamental questions. The idea that nations have a right and a duty to control who enters their country should be one of the things we agree on. Thankfully, whether by choice or political necessity, we seem to be finding that agreement once again.


Joseph Backholm

Joseph is a senior fellow for Biblical worldview and strategic engagement at the Family Research Council. Previously, he served as a legislative attorney and spent 10 years as the president and general counsel of the Family Policy Institute of Washington. He also served as legal counsel and director of “What Would You Say?” at the Colson Center for Christian Worldview where he developed and launched a YouTube channel of the same name. His YouTube life began when he identified as a 6-foot-5 Chinese woman in a series of videos exploring the logic of gender identity. He and his wife, Brook, have four children.


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