Jan. 9—Rep. Jared Golden was one of 48 Democrats in the House of Representatives to support a bill that would require federal agencies to detain undocumented immigrants who are charged with nonviolent crimes such as theft so they can be deported.
The bill passed the House Tuesday in a 264-159 vote, with all Republicans voting in favor.
It is expected to be taken up by the Senate Thursday and it is seen as the Republicans’ first opportunity since the election to increase the number of deportations, a central campaign promise of President-elect Donald Trump.
Maine’s delegation is divided on the bill, with Rep. Chellie Pingree, D-1st District, joining the majority of Democrats in opposing the measure.
Golden’s vote in favor comes after his narrow reelection victory in November, when Republicans won control of the presidency and the U.S. Senate while maintaining a slim majority in the House of Representatives. Golden, who represents Maine’s 2nd District, was one of the few Democrats to be reelected in districts that supported President-elect Donald Trump.
The bill would require the Department of Homeland Security to detain immigrants who do not have legal status and who have been arrested for burglary, theft, larceny or shoplifting. Last year, 37 Democrats supported the proposal, including Golden, but the measure died in the Democrat-controlled Senate. The bill picked up 11 additional House Democrats this time.
It has some bipartisan support in the Senate, but it wasn’t clear Wednesday whether it has 60 votes to overcome a filibuster.
Golden said in an interview with the Press Herald after the vote that law enforcement agencies need additional tools to protect American citizens, noting that crimes such as burglary and theft can present a risk to people. He said people in the country illegally should have less leeway to make mistakes than citizens or permanent residents.
“I think that when you’re already in a situation that could be likened to probation, so to speak, you have less leeway for making mistakes,” Golden said. “I think a charge is a pretty serious matter.”
Immigration advocates worry the bill would give Trump more power to fulfill his campaign promise to expand deportations of people who are here illegally. They also say it will increase costs and burdens on the justice system without enhancing public safety.
The American Civil Liberties Union decried the bill as unconstitutional, saying the law enforcement community already has “expansive authority” to detain noncitizens for deportation. They said the bill, if enacted, would strengthen Trump’s ability to conduct mass deportations and require police to detain people in jails for petty crimes such as shoplifting.
“Mandating mass detention will make us less safe, sapping resources and diverting taxpayer money away from addressing public safety needs,” ACLU Senior Border Counsel Sarah Mehta said in a written statement. “Detaining a mother who admits to shoplifting diapers for her baby, or elderly individuals who admit to nonviolent theft when they were teenagers, is wasteful, cruel and unnecessary.”
The bill would affect immigrants who were permitted to enter the country to seek asylum, according to The Hill. The Immigrant Legal Advocacy Project in Portland did not respond Wednesday to questions about the impact of the bill in Maine’s growing asylum seeker community.
It’s not clear how many immigrants could be detained under the measure. Some critics have said the proposal gives the mistaken impression that immigrants are more likely to be criminals or dangerous. Studies have found that immigrants, whether here legally or not, generally commit fewer crimes than native-born residents.
In a written statement, Pingree said she supports “strong border security and prosecuting crimes appropriately.” But she noted that undocumented people who commit felonies are already subject to deportation. She believes the broad scope of the bill will strain resources and erode trust in law enforcement, while doing little to improve public safety.
“The Laken Riley Act creates a two-tiered justice system that violates constitutional principles of equal protection,” Pingree said. “The bill would require mandatory detention for undocumented individuals arrested or charged with theft or burglary offenses, even before any conviction. This contradicts our fundamental presumption of innocence and due process rights that protect all persons within U.S. jurisdiction.”
BILL AT CENTER OF IMMIGRATION DEBATE
While some Democrats and immigration advocates expressed concerns that the bill could cause innocent people to be detained and deported, Golden doesn’t share that concern, saying he trusts that law enforcement will not abuse its authority.
“We’re trying to give law enforcement the tools to protect the American people,” he said. “I don’t think they’re going to abuse it to go after people who have not committed these crimes.”
The bill is named after Laken Riley, a 22-year-old nursing student who was murdered in Georgia last year by a man who entered the country illegally and previously had been arrested for shoplifting.
The incident was cited by immigration hardliners as an example for why the nation needs tougher immigration laws and a product of Democrats’ softer approach to crime. Immigration advocates, however, say concerns about immigrant crime are overblown.
The bill is expected to face a procedural vote this week in the Senate, where 60 votes will be needed to begin debate. Republicans hold 53 seats and will need seven others to advance the bill.
A spokesperson for Sen. Angus King, an independent who caucuses with the Democrats, said he was still reviewing the bill.
Republican Sen. Susan Collins, meanwhile, is a cosponsor of the Senate version of the bill.
“The horrific murder of Laken Riley by an illegal immigrant who had a criminal record was preventable,” Collins said in a written statement. “The Laken Riley Act would provide immigration and law enforcement authorities with the legal tools they need to help prevent such tragedies in the future.”
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