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The Senate is heading toward a final round of voting on a bill that calls for federal authorities to detain immigrants accused of theft and violent crimes and gives states the power to challenge federal immigration policies, paving the way for a different approach to immigration as President-elect Donald Trump begins his term in the White House.
Republican senators, who make up the majority in the Senate, have made the so-called Laken Riley law named after a student killed in the state of Georgia by a Venezuelan immigrant into a top priority, making it perhaps the first law Trump will sign as president.
A significant procedurale hurdle was overcome friday when several Democratic lawmakers voted along with all Republican lawmakers to bring it to a final vote.
Democrats, who last year neglected a similar bill, initially supported open discussion of the bill, signaling that they were willing to consider cracking down on illegal immigration after losing the election. However, most of them voted against sending the bill towards a final vote as they failed to deliver some important changes for them.
"Obviously, the border security issue was a very, very big issue in the November election," said Senate Majority Leader John Thune, a Republican lawmaker from South Dakota. Americans "clearly want policy change when it comes to securing our border and immigration."
In the first days of the new Congress' term, Republican lawmakers challenged Democratic lawmakers by asking them to join efforts to limit illegal immigration and deport immigrants who have committed crimes. In some cases, they have joined in. A majority of Democratic senators voted last week to take steps toward passing the Laken Railey bill, while continuing to call for its amendment.
In the House of Representatives, all Republican lawmakers, as well as 48 Democratic lawmakers, voted to pass a similar version of the bill this month. And this week 61 Democrats also voted for another bill that provides for deportation and blocking the entry into the United States of foreign nationals who are convicted of physical and sexual abuse.
The vote gave Republican lawmakers some early victories during a term in which they control the House of Representatives, Senate and White House, though the bills largely took the basis of policies where federal authorities had disclained action.
From the moment Mr. Trump begins his term and begins efforts to launch sweeping deportation operations, Republican lawmakers will face a lot of pressure to deliver on their priorities, balancing them with promises to cut the budget deficit and amid concerns about the economic and humanitarian impact that mass deportations will have.
The Laken Riley act does not provide for any new funding for immigration officials, but Democratic advisers on the Senate Spending Committee estimate the law carries an $83 billion cost over the next three years, according to a document obtained by the Associated Press.
Republicans disputed that figure. At the same time, they are debating how to approve a large package of funding that would enable President Trump's administration to spend up to $100 billion on measures to reinforce the border and counter immigration.
Democrats, meanwhile, are trying to shape an approach of their own on immigration. The party is divided between those who now support outlaw immigration restrictions and those who say the party should provide assistance to immigrants who are now in the United States and who are fleeing violence and persecution in their countries of origin.
"I think we have to prove that we are the only party that takes the issue of border security seriously," said Democratic Sen. Chris Murphy of Connecticut.
He criticized the Laken Riley law for making it easier for immigration authorities to prioritize arresting immigrants who are accused of or convicted of crimes such as shoplifting, but which could force authorities to release those convicted of more serious crimes. Murphy said the law would only "make the system more complex and chaotic."
The law itself, as well as the name of the victim Riley, became the cause that united Republicans last year as they criticized the way President Biden was handling the border issue. Riley, who was studying nursing, was killed in February and Jose Ibarra, a Venezuelan man who entered the United States illegally and was allowed to continue his case for emigration, was convicted of her murder.
Republican senators this week expanded the bill to include immigrants who are accused of crimes such as murder or serious injury.
During the campaign, Trump repeatedly raised the issue of crimes committed by immigrants, but there is no evidence that immigrants are more likely to commit violent crimes. Some studies have concluded that immigrants have a lower crime rate than those born in the United States. Groups calling for more restrictive immigration policies reject these findings.
According to immigration experts, the law's most long-term impact could be the provision that gives state attorneys general room to sue the federal government for damages caused by federal immigration policies.
It gives states new powers over immigration policy now when they are trying to counter the presidential decisions of both President Biden and President Trump.
Democrats have tried unsuccessfully to remove the provision from the proposed law, saying it could bring about major changes to federal policy.
"We have an overburdened immigration system and bordering on our capacity and other court processes will only make the situation even more chaotic," said attorney and analyst from the Institute for Immigration Policy, Kathleen Bush-Joseph.
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