Backed by Republicans and some Democrats, the Laken Riley Act, which mandates the detention of undocumented immigrants charged with certain non-violent offenses, has met with unexpected opposition—even from Immigration and Customs Enforcement (ICE).
Federal officials warn that the law could overwhelm resources, necessitating billions of dollars in funding and tens of thousands of additional detention beds.
ICE reports that over 60,000 undocumented immigrants could face detention under the act, yet current funding supports only 42,000 beds.
With 39,000 immigrants already in custody as of December 2024—62% of whom must legally be detained—ICE has warned that without emergency funding, it may be forced to release tens of thousands of immigrants, including some who may pose public safety risks, Axios reported.
Notably, the Laken Riley Act does not allocate funding for enforcement. ICE estimates it would require an additional $3.2 billion in the 2025 fiscal year to meet the act’s demands.
The requested funding would provide more than 64,000 additional detention beds and cover the hiring of new law enforcement officers, according to ICE, as cited by Axios.
Introduced by Senator Katie Britt (R-Ala.), the bill has garnered bipartisan backing, highlighting its political significance. “We’re ready to give ICE the resources it needs to properly enforce federal law and protect American families,” said Sean Ross, Britt’s deputy chief of staff (Axios).
Despite this support, the bill presents considerable logistical challenges.
The House of Representatives prioritized the Laken Riley Act as its first legislative act of 2025, signaling the Republican Party’s sustained focus on immigration under the incoming Trump administration.
Senate Minority Leader Chuck Schumer (D-N.Y.) has privately suggested that Democrats may negotiate amendments, as the bill requires the support of at least eight Senate Democrats to pass. However, Republicans have already secured the votes of eight Democrats aligned with the GOP majority under Donald Trump.
Federal immigration officials warn that inadequate funding could hinder compliance with this controversial law, which has the potential to disrupt immigrant communities significantly.
Under the act, already approved by the House, immigration authorities have the authority and obligation to detain and eventually deport individuals accused of committing any crime, regardless of its severity.
For instance, someone caught shoplifting could be detained and deported if ICE deems it necessary. Similarly, a driver fleeing the scene of a minor accident could face the same outcome.
Incidents traditionally managed by local police stations will now fall under the jurisdiction of immigration authorities.