Del. Republicans condemn McBride over “no” vote on Laken Riley Act

On Tuesday,  the U.S. House of Representatives passed House Resolution 29, dubbed the Laken Riley Act, to honor the 22-year-old nursing student who was murdered while jogging at the University of Georgia in Feb. 2024.

Thursday, the Delaware State Republican Caucus issued a statement condemning the new U.S. Representative Sarah McBride’s “no” vote on the measure.

The final vote tally was 264 in support and 159 against. 

What is the Laken Riley Act?

The resolution requires the Department of Homeland Security to detain certain non-U.S. nationals who have been arrested for burglary, theft, larceny, or shoplifting. 

It also authorizes states to sue the federal government for decisions or alleged failures related to immigration enforcement.

Riley’s murderer, José Antonio Ibarra, is a 26-year-old Venezuelan man who had entered the United States illegally. The crime set gallons of fuel onto the fiery discussion surrounding the country’s immigration policies. 

Under the Laken Riley Act, law enforcement must detain an individual who is unlawfully present in the United States or did not possess the necessary documents when applying for admission, and has been charged with, arrested for, convicted of, or admits to having committed acts that constitute the essential elements of burglary, theft, larceny, or shoplifting.

“The Delaware State Senate Republican Caucus expresses its strong disagreement with U.S. Representative Sarah McBride’s decision to vote against H.R. 29, the Laken Riley Act,” read Delaware’s Republican Caucus’s statement. “This legislation, named in memory of Laken Riley who was murdered by an individual who crossed our nation’s border illegally, aims to ensure that undocumented immigrants who are charged with and/or convicted of theft, burglary, larceny, or shoplifting, are detained by the Department of Homeland Security until they can be deported.”

“My heart still breaks over the murder of Laken Riley, and my prayers are with her family, friends, and community,” McBride responded in a statement to Delaware LIVE News. “This bill, which is strictly limited to theft-related crimes, will require the federal government to indefinitely detain immigrants, including DREAMers, just based on a charge of theft, not even conviction.”

The bill also authorizes state governments to sue for injunctive relief over certain immigration-related decisions or alleged failures by the federal government if the decision or failure caused the state or its residents harm, including financial harm of more than $100.

The state government may sue the federal government over a

• Decision to release a non-U.S. national from custody
• Failure to fulfill requirements relating to inspecting individuals seeking admission into the United States, including requirements related to asylum interviews
• Failure to fulfill a requirement to stop issuing visas to nationals of a country that unreasonably denies or delays acceptance of nationals of that country
• Violation of limitations on immigration parole, such as the requirement that parole be granted only on a case-by-case basis
• Failure to detain an individual who has been ordered removed from the United States

The Republican Caucus said they find it concerning that Rep. McBride, or any elected official, would oppose this measure. 

“This vote suggests a disregard for public safety, as the bill directly addresses the need to protect our communities from individuals who have shown they are willing to break our laws,” they stated. 

McBride said the act provides anti-immigrant state Attorneys General broad veto power over wide swaths of existing federal immigration law in violation of Constitutional principles as old as the Republic itself. 

“There is a version of this legislation I could support, but instead of collaborating with their colleagues to find common ground, the US House Republican Conference put forward legislation that excludes common due process protections and undermines basic Constitutional principles,” she said. 

It’s unclear why Delaware Senate Republicans have been silent on this bill during previous votes in the US House, McBride said. Still, she remains committed to working in a bipartisan fashion on comprehensive immigration reform, including robust border security and enforcement. 

“We can protect public safety while upholding our basic Constitutional and judicial principles,” she said. 

The Republican Caucus urged McBride to reconsider, and to prioritize the safety and well-being of Delaware’s residents above all else. 

“We also ask Senators Chris Coons and Lisa Blunt Rochester to join their colleagues and support this bipartisan measure when it is considered in the Senate,” their statement said.