Washington, D.C. — Colorado U.S. Senator Michael Bennet introduced three amendments to the Laken Riley Act, legislation now moving through the Senate to require mandatory detention of undocumented individuals if they have been charged, accused, or arrested for burglary, theft, larceny, or shoplifting. The legislation also authorizes state attorneys general to sue the federal government for decisions or alleged failures related to immigration enforcement.
“Immigration reform is long overdue in this country and should build on individual rights, not strip them,” said Bennet. “This legislation in its current form burdens families, local economies, courts, and law enforcement without any support for the existing challenges they face. Including these amendments would ensure we respect the right to due process and move towards a humane, commonsense immigration system in this country.”
Bennet’s first amendment excludes individuals granted or eligible for DACA status and children 16 years of age and under from the mandatory detention provisions of the Laken Riley Act by preserving existing federal, state, and local due process protections for minors and Dreamers who commit crimes. Custody provisions explicitly would not apply to these groups.
Bennet’s second amendment includes his Affordable and Secure Food Act and the Dream Act to address immigration and labor challenges.
Specifically, this amendment would:
- Reform the H-2A program to allow year-round visas and wage stability;
- Strengthen worker protections and introduce nationwide E-Verify;
- Provide pathways to legal status for agricultural workers and their families after 10 years of labor;
- Expand access to affordable housing for farmworkers and rural Americans;
- Establish a pathway to permanent residency and citizenship for individuals brought to the U.S. as children; and
- Enhance access to higher education and employment opportunities.
Bennet’s third amendment would address constitutional concerns and resource efficiency in the Laken Riley Act by modifying mandatory detention provisions and eliminating problematic clauses.
Specifically, this amendment would:
- Remove provisions granting state attorneys general standing to sue the federal government over immigration policies;
- Revise Mandatory Detention provisions to apply only to individuals convicted of crimes, not merely arrested or charged, and focus on serious bodily injury crimes (e.g., DUI with injury or death) and theft-related convictions;
- Protect detained minors by clarifying no mandatory detention for individuals under 16 and ages 17-18, detention is allowed only if the individual poses a danger to the community or is a flight risk; and
- Amend Due Process and Resource Allocation by clarifying that aliens detained longer than three months must receive a custody hearing before an Immigration Judge.
These amendments build on Bennet’s work with Democratic and Republican colleagues to advocate for commonsense immigration reforms that support our economy, keep families together, and secure our border to combat drug, arms, and human trafficking. In addition, Bennet is focused on strengthening our response to the surge in migrant arrivals, protecting immigrant children, and ensuring timely support and federal funding for communities hosting migrants, including in Colorado.