Many Senate Democrats have said they won’t support final passage of the GOP-led Laken Riley Act without amendments. If the vote on the first Democrat-offered amendment is any indication, their resolve may be put to the test.
While an amendment sponsored by Sen. John Cornyn passed with bipartisan support, one introduced by Sen. Chris Coons that would have struck part of the immigration bill’s provisions empowering state attorneys general failed in a 46-49 vote — endangering the bill’s ultimate passage.
“I don’t think they do enough to get it where it needs to go,” Sen. John Hickenlooper, who previously voted to proceed to the bill, said before the amendment vote on Wednesday. “Now, I’m going to vote for the amendments, but I’m not going to vote for the bill.”
The majority of Democrats voted to advance the bill last week, but also made clear they wanted to see amendments added. So far, Democrats and Democratic-aligned senators submitted 38 of the 49 proposed amendments to the bill. More amendment votes are expected to come soon, although it’s unclear which will go for a vote.
Republicans — and the Democrats who fully back the bill — have presented it as a straightforward legislation to promote public safety by mandating detention of unauthorized immigrants arrested or charged for theft-related crimes. Its critics have noted it would also allow states attorneys general to shape immigration policy — what Coons’ amendment was trying to remove — and could sweep up young people and those not ultimately convicted of theft-related crimes.
Some Democrats have already made up their minds against the bill.
Sen. Andy Kim, who opposed moving forward with the bill in the first place, said the amendments weren’t enough to make him reverse course.
“I have raised over and over again my concerns about the power that they’re trying to move to the states’ attorney generals, in the ways that can allow just single individuals to have a change in federal policy,” he said.
But many said they were still unsure how they would vote on final passage.
“There are still a lot of conversations in between now and when that vote comes up, and we’ll take a look.” Sen. Ben Ray Luján said.
Other Democrats, including Sens. John Fetterman, Ruben Gallego and Elissa Slotkin, have already made clear that they will support the bill whether or not it’s amended.
The Cornyn amendment approved Wednesday would expand the scope of the bill by adding assault of a police officer to the list of offenses that would trigger mandatory detention for unauthorized immigrants. While that passed 70-25, it split Democrats.
Republican Sen. Katie Britt, the bill’s chief co-sponsor, said that support was growing for action on immigration.
“We continue to build support and continue to find more and more people excited about common sense solutions, and actually doing something on the border,” she said.
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Casey Murray is a NOTUS reporter and an Allbritton Journalism Institute fellow.