Durbin, Senators File Amendment To Protect Dreamers In The Laken Riley Act

WASHINGTON – U.S. Senate Democratic Whip Dick Durbin (D-IL), Ranking Member of the Senate Judiciary Committee and lead author of theDream Act, today filed two amendments to theLaken Riley Actto protect Dreamers, including Deferred Action for Childhood Arrival (DACA) recipients and individuals eligible for DACA.
Durbin’s first amendment would exempt Dreamers, including DACA recipients and individuals eligible for DACA, from theLaken Riley Act’smandatory detention scheme. Joining Durbin on this amendment is Senator Richard Blumenthal (D-CT). Durbin’s second amendment is theDream and Promise Act, which is bipartisan legislation that would provide a path to citizenship for Dreamers, Temporary Protected Status (TPS) holders, and Deferred Enforced Departure (DED) holders. It has previously passed the House of Representatives on a bipartisan basis, led by U.S. Representative Sylvia Garcia (D-TX-29). Joining Durbin on this amendment are Senators Alex Padilla (D-CA), Catherine Cortez Masto (D-NV), John Hickenlooper (D-CO), Ron Wyden (D-OR), Chris Van Hollen (D-MD), Gary Peters (D-MI), Tammy Baldwin (D-WI), Richard Blumenthal (D-CT), Tim Kaine (D-VA), Adam Schiff (D-CA), and Cory Booker (D-NJ).
“Existing law gives ICE discretion to detain undocumented immigrants on a case-by-case basis. ICE assesses each case individually, so the agency’s limited resources are used effectively to protect our national security and public safety,”said Durbin.“But theLaken Riley Act, as currently written, would eliminate ICE’s discretion to prioritize the detention and deportation of dangerous individuals. Instead, it requires ICE to treat a child, or a Dreamer, arrested for shoplifting candy the same as an adult convicted of child abuse. In practice, this would overwhelm ICE detention facilities and make Americans less safe.”
Durbin continued,“If we are going to consider this bill, we must have a chance to offer amendments to fix some concerning language in this legislation—like the two amendments I filed today—and ensure the bill would accomplish its goals.”
Earlier this week, Durbinoutlinedhis concerns with theLaken Riley Acton the Senate floor.
TheLaken Riley Actwould amend the mandatory detention provisions of theImmigration and Nationality Actto require the federal government to take custody of anyone who entered the country illegally, violated the terms of their immigration status, or had their visa revoked, and is thereafter arrested, charged, or convicted for a crime involving burglary, theft, larceny, or shoplifting. The legislation also gives state attorneys general the standing to sue federal immigration authorities for actions completely unrelated to stopping violent crime.
To be eligible for DACA, an individual cannot have been convicted of a felony offense, a significant misdemeanor offense, or multiple misdemeanor offenses, and cannot pose a threat to national security or public safety.  Under current law, noncitizens who enter the country illegally, violate the terms of their status, or have their visa revoked can be detained by officials from Immigration and Customs Enforcement (ICE). Current law also requires the detention of individuals with serious criminal convictions, and those who have committed murder, rape, or any crime of violence or theft offense with a term of imprisonment of at least one year. The law also gives ICE discretion to detain a noncitizen in any case in which a noncitizen has been charged with a crime.
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