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Pa. Sen. John Fetterman is the lone Democratic co-sponsor on GOP-led Laken Riley immigration bill

Julia Terruso and Jeff Gammage, The Philadelphia Inquirer on

Published in Political News

Sen. John Fetterman of Pennsylvania is the first Senate Democrat to sign onto a Republican-led bill that would require federal authorities to detain undocumented immigrants arrested for theft-related crimes.

The bill, passed in the House Tuesday, is slated to come up for a Senate vote on Friday. In addition to requiring federal detention of undocumented immigrants who commit theft, it would also allow states to sue the Department of Homeland Security for harm caused to their citizens because of illegal immigration, greatly expanding the authority of state attorneys general.

Lawmakers named the legislation after Laken Riley, a 22-year-old Augusta University nursing student who was murdered while jogging at the University of Georgia. Her convicted killer, Jose Ibarra, had entered the U.S. illegally and had previously been released after an arrest for stealing merchandise from a Walmart. He was sentenced to life without parole in November.

“Laken Riley’s story is a tragic reminder of what’s at stake when our systems fail to protect people,” Fetterman said in a joint news release sent by the bill’s sponsor Sen. Katie Britt, R-Ala. “No family should have to endure the pain of losing a loved one to preventable violence,” Fetterman continued. “Immigration is what makes our country great. I support giving authorities the tools to prevent tragedies like this one while we work on comprehensive solutions to our broken system.”

A ‘seismic shift’

Fetterman’s support, first reported by Punchbowl News, continues an openness he’s displayed for working with Republicans and on Republican-led issues. The bill is backed by every Republican in the Senate. But Fetterman’s backing also reflects how Democrats are reexamining their stances on immigration, which played a key role in the presidential campaign in Pennsylvania and nationally. While Fetterman is the only listed Democratic cosponsor, Sens. Gary Peters, D-Mich., and Jon Ossoff, D-Ga., indicated they would support the bill in interviews on the Hill on Tuesday.

The bill passed the House on Tuesday with the support of 48 Democrats, including Reps. Brendan Boyle, D- Philadelphia, and Chris Deluzio, who represents a section of Western Pennsylvania outside of Pittsburgh. U.S. Rep. Dwight Evans, D-Philadelphia, did not vote.

To receive a vote in the Senate, Republicans would need at least seven Democrats to support taking up the legislation.

Democrats and immigrant rights groups opposing the bill accused Republicans of using a horrible tragedy for political gain. They called the legislation a violation of due process, noting it would mandate detention for undocumented immigrants, including DACA recipients and those with temporary protected status accused of theft, even if they are not convicted. And the provision that allows states to sue the federal government could represent a ”seismic shift,” in immigration policy, said Nayna Gupta, policy director at the American Immigration Council.

“This is the Republican playbook over and over again,” Rep. Pramila Jayapal (D., Wash.) said on the House floor. “Scare people about immigrants, never propose anything that actually solves an outdated and arcane immigration system.”

Fetterman has been a staunch advocate for immigrants, particularly Dreamers, who come to the country as minors. His wife Gisele was a so-called ”Dreamer,” who came to the U.S. with her mother and younger brother from Brazil when she was seven. The family, all of them undocumented, lived in a one-room apartment in New York City, a story both Fettermans have told on the campaign trail. In 2004, Gisele received lawful permanent residence, commonly called a green card, and she became a United States citizen in 2009.

While Fetterman has reiterated his support for Dreamers in recent months, he’s also called for stronger border security and stricter penalties for undocumented immigrants who commit crimes.

“ICE reported tens of thousands of migrants with criminal records — homicide or sexual assault,” Fetterman posted on X Tuesday. “425,000 have criminal records in total and should be deported. I support a secure border. I support a legal path for Dreamers. I support the Laken Riley Act.”

 

That number, 425,000, refers to a memo ICE issued this summer and encompasses data going back decades, including people who entered the country 40 years ago and those who are incarcerated in federal, state or local prisons, serving sentences or awaiting trials.

Jasmine Rivera, executive director of the Pennsylvania Immigration Coalition, said Fetterman was ”turning his back on the immigrant community,” by supporting the bill.

“We stood with his family in front of a prison for immigrant families. And now he’s taking this line?” Rivera said, recalling a vigil held outside the migrant detention center in Berks County.

“When John Fetterman first ran for Senate … I would hear him say over and over and over again how thankful he was to his wife’s parents,” Rivera said. “Because they chose to come to this country, and they chose to take the risk of being undocumented. And because of them, he was able to meet his wife and have his family. That is what I keep remembering as he has spent the last couple of years completely turning his back on the immigrant community.”

How the legislation would change immigration laws

The legislation would change immigration laws to authorize the Secretary of Homeland Security to take custody of undocumented people charged with crimes related to theft, including burglary, larceny, and shoplifting. Those detainments could result in deportation. Under current law, an undocumented immigrant who commits two petty crimes could face deportation.

Congress has taken a stricter approach in recent years to crimes that can result in deportation, expanding the list to include more minor infractions. Studies have shown undocumented immigrants commit crimes at far lower rates than U.S.-born citizens.

“It violates due process to say someone merely arrested for stealing diapers in a store could be detained with no opportunity for release,” said Gupta, from the American Immigration Council, an immigrant advocacy group.

Under the bill, state attorneys generals could also sue the federal government if an immigrant who enters the United States illegally and is released commits a crime against the state or its residents.

Gupta said those lawsuits could extend to state AGs suing the federal government to stop issuing visas to foreign countries.

“It’s really just a vehicle for Trump’s mass deportation agenda,” she said. “And a way to target undocumented people and to give anti-immigrant state attorneys general leeway to control what the federal government does.”

_____


©2025 The Philadelphia Inquirer. Visit inquirer.com. Distributed by Tribune Content Agency, LLC.

 

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