The Laken Riley Act (S. 5) successfully passed the U.S. Senate by a wide margin on Monday afternoon after President Donald Trump’s inauguration. Named after a Georgia nursing student murdered last February by an illegal immigrant who had previously been arrested for child endangerment and shoplifting, the bill enhances federal accountability and the enforcement of immigration laws. The bill is Congress’s first act to address the immigration crisis, in partnership with the new Trump administration.

The bill would require the Department of Homeland Security (DHS) to detain illegal immigrants charged with burglary, minor theft, and larceny. The DHS is currently supposed to detain immigrants charged with crimes like rape, domestic violence, murder, and drug offenses, but often uses (or abuses) its authority to release those only charged with lesser offenses. The bill would also give state attorneys general the right to sue the federal government over “certain immigration-related decisions or alleged failures” to enforce immigration law.

Before final passage, the Senate approved two amendments that expanded the list of crimes covered by the act to include assault of a law enforcement officer (offered by Senator John Cornyn [R-Texas]) and acts causing death or bodily harm (offered by Senator Joni Ernst [R-Iowa]). “When I was elected majority leader, I talked about my commitment to empowering members and restoring the Senate as a place of discussion and deliberation,” said Senate Majority Leader John Thune (R-S.D.). “I think we achieved that this past week. We have had an extended debate on the Laken Riley Act, with multiple amendment votes.”

Democrats also offered an amendment to strip out the provision empowering state prosecutors, which failed to pass. “We didn’t have the votes. That’s how democracy works,” admitted Senator Mark Kelly (D-Ariz.).

The final roll call vote for S. 5 was 64-35, two votes short of a two-thirds majority, a standard so high it is only required of constitutional amendments. This is because 12 Democratic senators joined their Republican colleagues in passing the measure:

• Ruben Gallego (D) and Mark Kelly (D) from Arizona,
• Jon Ossoff (D) and Raphael Warnock (D) from Georgia,
• Gary Peters (D) and Elissa Slotkin (D) from Michigan,
• Catherine Cortez Masto (D) and Jacky Rosen (D) from Nevada,
• Maggie Hassan (D) and Jeanne Shaheen (D) from New Hampshire,
• John Fetterman (D) from Pennsylvania,
• and Mark Warner (D) from Virginia.

Nine out of the 12 represent states Trump won in 2024, while the other three represent states that are still in play for either party. New Hampshire has a Republican-controlled legislature, and both New Hampshire and Virginia have Republican governors.

The Senate is the second chamber to pass the Laken Riley Act. On January 7, the House passed the Laken Riley Act as the first bill of the new Congress by a 264-159, with 48 Democrats voting for the bill.

The House rules package adopted for the 2025-26 Congress fast-tracked the bill, along with 11 others that passed the House last Congress. This allowed the bill to bypass a committee assignment and go directly to the full chamber. (The typical method for bypassing committee involves suspension of the rules, and a bill requires a two-thirds majority to pass “on suspension.” The Laken Riley Act fell 18 votes short of that high threshold, but it still passed with 62% of the votes in the House.) This fast-tracking allows the new Congress to jump-start Trump’s agenda and spend committee time on other bills.

Because of the amendments adopted in the Senate, the Laken Riley Act now returns to the House, instead of to the president’s desk. A House Republican leadership aide said the House plans to vote on the bill this week.

The swift progress made by the Laken Riley Act show Republicans united and Democrats divided over how to address the illegal immigration crisis. Even The New York Times aired internal Democratic grievances in a piece reporting on the “Democratic rift” over immigration. They cited Senator Michael Bennett (D-Colo.) conceding that the Democrats’ election-year gambit to halfway address immigration with a compromise bill “was unconvincing to voters.” Indeed, it failed to even convince the Senate.

After Trump’s sweeping victory, it seems that Democrats are running scared from the immigration issue. On January 13, 82 members of the Senate, including fully half of its Democratic members (24) voted to proceed to debate on the Laken Riley Act.

Then — and this is reportedly what really riled up Senate Democrats — Senate Minority Leader Chuck Schumer (D-N.Y.) gave vulnerable members of the caucus the green light to advance the Laken Riley Act, without securing more opportunities to amend the bill first. Fully a quarter of Senate Democrats took advantage of that liberty to vote for the bill on final passage, demonstrating that open borders are indeed electoral kryptonite.

“You have to meet people where they are,” said Rep. Ritchie Torres (D-N.Y.), who voted for the bill after voting against it last year. “I do worry that when we vote against bills like the Laken Riley Act, we run the risk of seeming out of touch with most Americans on the issue of immigration and border security.”

Not all Democrats agree — hence the division in their ranks — but a substantial minority are choosing to float along with the Trump wave rather than be swallowed by it. Their support is not necessary to pass bills now that Republicans control both chambers of Congress, but support from roughly a quarter of Democrats will put the Laken Riley bill far over the top.

President Trump on Monday reiterated his support for the “very beautiful bill.” He predicted, “We’re going to have a signing, I would say, within a week or so.”