[Congressional Record Volume 170, Number 46 (Thursday, March 14, 2024)]
[Senate]
[Pages S2379-S2381]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
Unanimous Consent Request--H.R. 7511
Mr. BUDD. Mr. President, there have been more than 9 million illegal
alien border crossings on President Biden's watch. At the same time,
there has been a 57-percent decrease in arrests of criminal illegal
aliens and a 67-percent decrease in deportation of criminal aliens.
This complete lack of enforcement of existing law has caused
unimaginable human suffering across our country. One such tragedy
occurred last month in Athens, GA. An illegal alien from Venezuela
brutally murdered 22-year-old nursing student Laken Riley on the campus
of the University of Georgia. What makes this story all the more
devastating was that the killer could have been stopped but wasn't.
So how on Earth was this tragedy even allowed to take place? Well,
here is the timeline. The killer illegally entered the United States in
September of 2022 in El Paso, TX. He was caught, but then he was
paroled into the country. He then made his way to New York City, where
he was arrested for child endangerment in 2023, but then he was
released. He then fled to Georgia, where he committed several petty
crimes like theft and shoplifting. He was not detained by ICE. Then
came the tragedy of February 22, where he preyed on an innocent young
woman jogging around a university campus.
This was allowed to take place because of the open border policies of
President Biden. It took place because executive Agencies are given
discretion to determine what crimes trigger a detainer to be issued to
take an illegal alien into custody. The ``discretion loophole'' has got
to be closed. And that is why we are here today: to make sure these
tragedies never happen again.
In Laken's honor, Senator Katie Britt of Alabama and I have teamed up
to introduce the Laken Riley Act. This bill would require ICE to issue
detainers and take into custody illegal aliens who commit crimes like
theft and shoplifting. The legislation also empowers state attorneys
general to sue the Secretary of Homeland Security for taking actions on
immigration that harm their States or their citizens.
The bottom line: If this bill were in place before February 22, Laken
Riley would be alive today.
The House of Representatives passed this bill last week in a
bipartisan--again, a bipartisan--vote of 251 to 70, including 37
Democrats. In a time of division and polarization, the Laken Riley Act
brought both sides together.
It is our hope that we can learn from this horrific situation and
make some positive change. So let's pass the Laken Riley Act today.
Mr. President, I would like to yield to my colleague from Indiana.
The PRESIDING OFFICER. The Senator from Indiana.
Mr. BRAUN. Mr. President, on February 22, a 22-year-old nursing
student
[[Page S2380]]
named Laken Riley went for a morning run on a popular trail. Despite
doing everything right--informing her friends of her expected return
time and sharing her location with them--Laken never made it home. Her
life was stolen by an illegal alien who should have never been in the
country.
The President's open border policies are solely behind it. Remember,
before he came in, we were at record lows. Now, we are at record highs.
We are even talking about categories we didn't have before, like ``got-
aways.'' It is a national security risk that has come into this country
when, currently, monthly, 50,000 to 60,000 people never confront the
Border Patrol--not to mention the 200,000 to 300,000 who do.
This individual had been arrested in New York for a felony. The loss
of Laken Riley was an avoidable tragedy inflicted by President Biden
and his policies. These policies allow illegal aliens like Laken
Riley's killer to roam free even after committing crimes.
The Laken Riley Act demands the immediate deportation of illegal
aliens when they are arrested for a crime. It makes sense.
For those with concerns about due process, remember, we are talking
about individuals with zero legal right to be in the United States in
the first place. Retainers for ICE deportation should already be issued
in these cases but aren't, in many cases, due to sanctuary city status.
We should honor Laken Riley's memory by assuring that no other family
ever has to endure this heartache.
Pass the Laken Riley Act.
I yield the floor.
The PRESIDING OFFICER. The Senator from North Carolina.
Mr. BUDD. Mr. President, I would like to further yield to my
colleague from Kansas.
The PRESIDING OFFICER. The Senator from Kansas.
Mr. MARSHALL. Mr. President, I would like to start by thanking
Senator Budd for leading this very important issue to the Senate floor.
We rise today to honor and pay our respects to the late Laken Riley
and her family and to mourn with her family.
Today, we call on this Chamber to come together to ensure this never
happens again.
Laken Hope Riley. Laken Hope Riley was a beautiful young woman in the
prime of her life. She was brutally murdered in broad daylight while
jogging on the University of Georgia's campus.
Her alleged murderer, a Venezuelan illegal alien, was one of 2
million people paroled by Joe Biden--one of 2 million. Ironically, he
was welcomed here on United States soil by this President and his
egregious open border policies.
He was stopped by the U.S. Border Patrol in 2022 when he crossed into
Texas illegally, but because of the Biden administration's unlawful
mass parole of illegal aliens, he was permitted into our country. From
Texas, he moved to New York, where he was arrested by the New York
Police Department last year for acting in a manner to injure a child
and for a motor vehicle violation. But he was quickly released and
never turned over to ICE for deportation. Instead, he was released by
police before a detainer could ever be issued by DHS, and he was
allowed to roam freely.
Then he journeyed on to Athens, GA. And now we understand that the
alleged assailant was a member of a violent Venezuelan gang.
How can we ever identify who those people are when 10,000 people are
crossing our border every day? How can the Border Patrol possibly vet
these people in a proper manner?
Just like so many other unvetted migrants living in the country right
now, this man was handed the American dream--the American dream that
Laken Riley should be living right now.
I yield the floor.
The PRESIDING OFFICER. The Senator from North Carolina.
Mr. BUDD. Mr. President, it is for the reasons articulated by my
friend and colleague from Kansas and my friend and colleague from
Indiana that, as in legislative session, I ask unanimous consent that
the Senate proceed to the immediate consideration of Calendar No. 341,
H.R. 7511; that the bill be considered read a third time and passed;
and that the motion to reconsider be considered made and laid upon the
table.
The PRESIDING OFFICER. Is there objection?
The majority whip.
Mr. DURBIN. Mr. President, reserving the right to object, the death
of Laken Riley was a horrible crime--horrible crime--and a
heartbreaking loss. This 22-year-old American nursing student at
Augusta University in Georgia, I am certain, would have made America a
better place with her life and contribution to our country. But,
instead, she was taken from us on February 22, 2024.
A suspect has been arrested and may, ultimately, be tried for this
crime. That is as it should be. That is how we follow the law in the
United States.
But when you look at the request before us, it gives me pause. We can
all agree that noncitizens who are convicted of violent crimes should
be detained and removed from the United States. Sadly, the measure
before us does nothing to address this issue.
Under current law in the United States of America, noncitizens who
enter the country illegally, violate the terms of their status, or have
their visas revoked can be detained by officials from Immigration and
Customs Enforcement--better known as ICE--as they should be. Current
law also requires the detention of individuals with serious criminal
convictions and those who have committed murder, rape, or any--any--
crime of violence or theft offense with a term of imprisonment of at
least 1 year, as they should be.
The law also gives ICE the discretion to detain or release a
noncitizen in any case where a noncitizen has been charged with a
crime, as they should be. To make this decision, ICE must assess the
individual circumstances of the case and ensure the Agency's limited
resources are used effectively to focus on protecting our national
security and public safety, as they should be.
Remember, the vast majority of Republicans, including the sponsors of
this measure, recently blocked a national security supplemental bill
that would have given ICE more funding to detain undocumented
immigrants who might pose a threat to our country.
The sweeping approach in the bill before us would eliminate the
Agency's discretion to prioritize the most dangerous individuals and
require ICE to treat those arrested for shoplifting the same as those
convicted of violent crimes. Let me repeat that--require ICE to treat
those arrested for shoplifting the same as those convicted of violent
crimes. This would overwhelm ICE's capacity and facilities and make our
Nation less, not more, safe.
For example, this proposal before us would require ICE to detain
every immigrant who is arrested for shoplifting, even if the charges
are ultimately dropped and don't lead to a conviction. Remember, this
bill does not require a charge or a conviction. Tell me, does it make
sense to treat a noncitizen arrested for shoplifting the same as
someone convicted of murder? I think we all know the answer to that
question.
This bill goes into another area which hasn't been discussed much--
which is hard to imagine--but this bill would grant State attorneys
general the standing to sue Federal immigration authorities if a State
disagrees with immigration enforcement decisions made by the Federal
Government. I think, on its face, it is unconstitutional.
For example, this bill would give a State attorney general the
standing to challenge the use of parole authority--for example, like
Uniting for Ukraine, which allowed Ukrainians to flee Putin's war to
come to the United States--if a State can prove it had an impact of
$100 for the Federal Government to make that decision.
Laken Riley's murder was a tragedy. We must do everything we can to
prevent crimes like this from happening. But this legislation would
make our system less safe.
The reality is that most immigrants in the United States are law-
abiding individuals who are seeking a better life in this country. Many
studies have shown that immigrants are less likely to commit crimes
than U.S. citizens.
Mr. President, you know personally from your own experience in
Congress that it has been more than 30 years
[[Page S2381]]
since we have seriously considered an immigration reform bill. We had a
chance, didn't we, just a few weeks ago? There was a bipartisan group--
and the White House was part of it--that wanted to sit down and change
the immigration and border security laws of the United States.
The Republican effort in this regard was led by James Lankford, a
conservative, respected Republican from Oklahoma, and on our side,
Senators Murphy and Sinema, who negotiated for weeks, week after week,
to come up with a proposal. The notion was to finally address the
border security of the United States in a comprehensive, bipartisan,
realistic way. It was controversial. There were some parts of it that I
didn't care for at all. But I thought this was a good-faith, bipartisan
effort.
We were assured that because the Republican Senators had chosen
Senator Lankford as their negotiator, that it at least would entertain
some support on the Republican side. We called the measure on the
floor, and it failed because the Republicans would not join the
Democrats in engaging in this bipartisan effort.
The issues raised this morning by Senator Budd could have been
resolved, perhaps, if we would have had that kind of bipartisan
negotiation, but it didn't happen.
I had my concerns about the deal, but it certainly should have moved
forward.
When it came to a vote, the vast majority of Republicans opposed it
at the request of former President Donald Trump, who urged a ``no''
vote, who wanted the measure to stop and not be considered and moved
forward and said:
Go ahead and blame me for it.
Well, I am blaming you for it, and I am blaming those who stepped
away from this bipartisan opportunity.
Donald Trump has made clear that he does not want a solution to our
challenges at the border; he wants an issue for the November election.
So we stepped away from it--the only realistic chance to have a
bipartisan solution.
I urge my colleagues to reject Donald Trump's advice. Let's get back
to the table. Let's consider the issues raised by the Senator this
morning and other issues that are important and make a bipartisan
decision to move forward to solve this problem.
I object.
The PRESIDING OFFICER. Objection is heard.
The Senator from North Carolina.
Mr. BUDD. Mr. President, I am deeply disappointed in my Democratic
colleagues for objecting to a bill that, had it been in place, Laken
Riley's life would have been spared. The Democratic Party's commitment
to open borders is causing otherwise preventable tragedies to occur
again and again and again.
But while we are here, let me address some of the counterarguments
that we have heard.
One contention is that this bill would apply to individuals merely
accused of a crime, robbing them of due process. Well, the fact that
illegal aliens are freely roaming around the country in and of itself
is illegal. If they then commit another crime, authorities are well
within their rights to detain them.
The law that this bill would strengthen already requires detention
for those who have been involved in various acts, such as drug
trafficking, prostitution, and other vices, regardless of whether or
not they have been convicted.
Opponents of this bill don't just have a problem with this bill; they
have a problem with well-established laws on the books.
Another argument that I have heard is that this bill would violate
the Constitution's standing requirements to file lawsuits.
The Supreme Court in the United States v. Texas provided a clear
roadmap for Congress to authorize lawsuits against the executive branch
for failing to enforce the law. The bill follows that roadmap and
upholds the Constitution's separation of powers.
The bill authorizes a state attorney general or other authorized
officer to bring a lawsuit against executive branch officials for
failure to enforce immigration laws in a manner that harms such State
or its residents. The bill authorizes a Federal court to grant
appropriate injunctive relief. This bill does not prejudge the result
of any case or tie a judge's hands. The bill simply ensures that States
are given their day in court to protect their citizens against the
harmful, lawless, open border policies of the Biden administration.
I simply don't believe that another American family needs to
experience a tragedy like the one that befell the Riley family. I am
going to continue to work with my colleague from Alabama, Senator
Britt, and all my colleagues to push this legislation until it passes
this Chamber.
I yield the floor.
The PRESIDING OFFICER. The Senator from Maryland.