On the recordJanuary 15, 2025
Mr. President, we are about to consider two amendments to the Laken Riley Act. I appreciate the opportunity to speak to amendment No. 23, which would strike section 3 of the Laken Riley Act. I respect that colleagues on both sides of the aisle have expressed their intention to vote for the Laken Riley bill and to advance it. I have not yet made any such commitment out of concern about the unintended consequences of several provisions of this bill. I want to briefly speak to the consequences of the section that my amendment would strike. Amidst real resource constraints, unpredictable migration patterns, and fluctuating diplomatic sensitivities, our Federal law enforcement officers at ICE and CBP make thousands of complex decisions day in and day out about how to deal with interior enforcement, about border encounters, who to detain, and who to release. It is because these decisions involve so many complex factors that the Supreme Court has repeatedly recognized that the Federal Government is and should be the ultimate authority on enforcement of our immigration laws. Section 3, however, would mark a sea change by inviting every State attorney general to sue whenever they disagree with even an individual- level Federal decision regarding detention and removal. This could create uncertainty or even chaos by encouraging conflicting lawsuits brought by different States in different courts.…





