By Adam Pagnucco.
U.S. Representative April McClain Delaney, who was just elected to represent Maryland’s sixth congressional district, has voted for a bill that would require the U.S. Department of Homeland Security to detain unauthorized immigrants for “burglary, theft, larceny, or shoplifting.”
The bill at hand is S.5, known as the Laken Riley Act. The bill is named for a Georgia college student who was killed last year by Jose Antonio Ibarra, a Venezuelan man who had entered the U.S. illegally. According to NBC News: “Last summer [in 2023], police in New York charged him with acting in a manner to injure a child less than 17 and a motor vehicle license violation. He was released before immigration authorities could ask police to hold him. In October, Ibarra and his brother, who was also in the country illegally, were issued citations for shoplifting from a Walmart in Athens, Georgia, police said.”
Congress’s website describes the bill this way.
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This bill requires the Department of Homeland Security (DHS) to detain certain non-U.S. nationals (aliens under federal law) who have been arrested for burglary, theft, larceny, or shoplifting. The bill also authorizes states to sue the federal government for decisions or alleged failures related to immigration enforcement.
Under this bill, DHS must detain an individual who (1) is unlawfully present in the United States or did not possess the necessary documents when applying for admission; and (2) has been charged with, arrested for, convicted of, or admits to having committed acts that constitute the essential elements of burglary, theft, larceny, or shoplifting.
The bill also authorizes state governments to sue for injunctive relief over certain immigration-related decisions or alleged failures by the federal government if the decision or failure caused the state or its residents harm, including financial harm of more than $100. Specifically, the state government may sue the federal government over a
- decision to release a non-U.S. national from custody;
- failure to fulfill requirements relating to inspecting individuals seeking admission into the United States, including requirements related to asylum interviews;
- failure to fulfill a requirement to stop issuing visas to nationals of a country that unreasonably denies or delays acceptance of nationals of that country;
- violation of limitations on immigration parole, such as the requirement that parole be granted only on a case-by-case basis; or
- failure to detain an individual who has been ordered removed from the United States.
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The bill was passed by the U.S. Senate by a 64-35 vote, with 12 Democrats voting yes. (Maryland Senators Angela Alsobrooks and Chris Van Hollen voted no.) The U.S. House followed up by passing it on a 264-159 vote, with 48 Democrats voting yes. McClain Delaney joined Republican Andy Harris in voting yes while the other Maryland Representatives, all Democrats, voted no. The bill now heads to President Donald Trump for his signature.
Following is the text of McClain Delaney’s statement from last night after voting for the bill.
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Wednesday, January 22, 2025
FOR IMMEDIATE RELEASE
Congresswoman April McClain Delaney Releases Statement on Voting for S. 5
WASHINGTON, D.C. – Today, Congresswoman April McClain Delaney released the following statement on voting for S. 5:
“I have heard from an overwhelming number of Marylanders in the 6th District concerned about our current, overburdened immigration system and our communities’ safety. S. 5, the Laken Riley Act, is not perfect–and in ways overarching–but I remain committed to working with my colleagues to clarify the ill defined elements of this legislation and seek comprehensive, effective and humane immigration reform.
Laken Riley’s murder was shocking, heartbreaking, and to many, preventable. José Ibarra, who was eventually arrested for and convicted of her murder, was also arrested over a year prior by New York City police and charged with “acting in a manner to injure a child less than 17.” The simple truth is that this tragedy should have never occurred and serves as a sobering reminder that comprehensive immigration reform in our country is decades overdue.
I remain deeply committed to passing bipartisan, comprehensive, and compassionate immigration reform, which is why I supported S. 4361 – the Border Act of 2024. This bipartisan bill would have strengthened border protection and provided critical relief to our overwhelmed asylum system, including delivering increased funding to hire more asylum judges to process claims and ensure migrants have a fair opportunity to seek safe haven and opportunity in America. Although this bill failed to advance last year, I am eager to support and work on similar bipartisan legislation should it be brought to the House Floor this Congress.
As your Representative, I strongly believe Congress must do everything it can to ensure immigrants are treated with dignity and respect. I am dedicated to working with our Latino communities and other local and state stakeholders to protect Maryland jurisdictions’ right to establish sanctuary cities and counties and preserve DACA and DREAMers’ right to a path to citizenship.
In addition, given President Trump’s recent Executive Orders and statements concerning proposed deportations, our office is working closely with local, state and federal partners to find ways to protect our most vulnerable constituents and engage with all impacted stakeholders.
Our country was founded on the fundamental principle that the circumstances of your birth do not dictate your future, and I am proud to serve in a country that has opened its doors to immigrants seeking better, safer lives. Moving forward, I promise to continue listening to my constituents across Maryland’s 6th District and representing them fully and thoughtfully.”