Congress has passed a tough new immigration bill. What does that mean to California?

David Lightman and Mathew Miranda, McClatchy Washington Bureau on Jan 22, 2025

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California’s progressive policies will not shield its undocumented residents from the federal legislation passed Wednesday to crack down on immigration.

The Laken Riley Act, named for an Athens, Georgia, nursing student murdered last year by an undocumented man, passed in the House by a 253 to 156 vote. Forty-six Democrats, including six from California, and 217 Republicans voted for the bill. There was no GOP opposition, while 156 Democrats voted no.

The measure now goes to President Donald Trump for his signature where it could be the first bill he signs into law.

Under the new legislation, federal authorities are required to detain more undocumented immigrants charged with crimes. The bill also provides more immigration enforcement power to states.

These effects will be felt in California — despite its sanctuary policies — given its high population of undocumented residents and contentious relationship with the new presidential administration, according to immigration experts and advocates.

“At the end of the day, the Laken Riley Act will affect migrant communities throughout the country and Californians are not going to get a pass,” said César Cuauhtémoc García Hernández, an immigration law professor at Ohio State University.

California is home to 1.8 million undocumented immigrants — the most in the nation. García Hernández said that makes it a prime target for Trump, who has repeatedly voiced his distaste for the state’s pro-immigrant laws.

Among those is Senate Bill 54, which limits state and local law enforcement from using resources to assist in federal immigration enforcement. This protection prevents collaboration used in other states, but will not stop any potential arrests by federal agents.

“That doesn’t mean they’re going to ignore California,” García Hernández. “I don’t put kind of personal grievance beyond the realm of decisions or factors that will guide his administration’s decisions about which migrants to go after.”

Shiu-Ming Cheer, a deputy director for California Immigrant Policy Center, said the legislation raises concerns about concerns about due process. The bill enables federal immigration agents to arrest someone before they are convicted of a crime, meaning they can be deported before their case is heard.

“This would really widen the net of people who could potentially be pulled into the detention and deportation system,” Cheer said.

Immigration and politics

The bill attracted some support from California Democrats. “I think we need to address these issues. People want to have security with our borders. That’s been a big issue,” said Rep. Jim Costa, D-Fresno, one of the bill’s backers.

California Democrats backing the bill were lawmakers from swing districts, including Reps. Adam Gray, D-Merced; Josh Harder, D-Stockton; Mike Levin, D-San Juan Capistrano; Dave Min, D-Irvine and Derek Tran, D-Garden Grove.

California Republicans were vocal in their anger at the current system.

“California is a sanctuary state and some of the first sanctuary cities emanated from California, leading to this problem,” said Rep. Doug LaMalfa, R-Oroville. He pointed to Gov. Gavin Newsom, saying Newsom and others in the state too often release undocumented immigrants.

Rep. Tom McClintock, chairman of the House immigration subcommittee, was blunt: “If this bill had been law, Laken Riley would be alive today,” he said.

The bill passed the Senate easily earlier this week. Sens. Alex Padilla, D-Calif., and Adam Schiff, D-Calif., were opposed.

“This bill puts a target on the backs of millions of people, including children, requiring mandatory detention of immigrants who are arrested even for minor, non-violent offenses — even if they are never charged or convicted,” Padilla said.

But Democrats are scrambling to show they can be tough on immigration, and the bill’s easy success illustrates the change in political climate towards the issue. Recent polls show Americans are concerned with the border and in favor of strong restrictions. The change is evident even among Latinos.

With the Laken Riley Act, federal immigration authorities will be able to put in custody undocumented immigrants arrested for theft, shoplifting, burglary or larceny. It also allows detainers for those suspected of assault of a law enforcement officer or any crime that results in death or serious bodily injury to another person.

They will face detention once charges, and could be deported even prior to appearing in court.

In the states, attorneys general will be about to sue the federal government if they suspect immigration officials mishandled people who had been detained.

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