Home » Senate immigration bill aims to overturn Supreme Court precedent in a sea change for legal system, experts say

Senate immigration bill aims to overturn Supreme Court precedent in a sea change for legal system, experts say

by John Ellis
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Anti-Immigrant State Officials and Federal Judges Could Gain New Power Under GOP Bill

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A bill passed by the House and moving forward in the Senate with bipartisan support would give state officials and federal judges new powers to dictate immigration enforcement, including the authority to detain individual migrants. The Laken Riley Act aims to overturn Supreme Court precedent and allow states to bring immigration-related lawsuits against the federal government.

The bill would allow state attorneys general to sue to overturn the releases of individual immigrants and even to impose sweeping sanctions on foreign countries that refuse to accept deportees. The legislation has passed the House and cleared its first procedural hurdle in the Senate, but some Democrats have expressed concerns about giving states new powers to challenge immigration decisions.

The bill would also grant state attorneys general the authority to seek federal court orders forcing the US State Department to stop issuing visas to a country that refuses to accept deportees. Critics argue that this provision could lead to “massive international incidents” and “disorders in the US economy.”

The legislation is named after Laken Riley, a college student who was killed by an undocumented immigrant who had been previously arrested and released. The bill’s architects argue that it is necessary to counter the lack of effective immigration enforcement under the Biden administration. However, some Democrats have raised concerns that the bill will lead to overstated immigration enforcement and undermine the federal government’s authority.

The bill has also been criticized for mandating the detention of non-violent criminals, such as shoplifters and thieves, and diverting resources away from detaining violent criminals. The bill will now require additional changes to secure the support of seven Senate Democrats, including some who may be concerned about the new powers given to state officials and federal judges.

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