Gallego, Kelly, and Hobbs Unite to Push Bill for Imprisoning Immigrants Over Non-Violent Offenses

Arizona’s Democratic senators and Governor Katie Hobbs are aligning with Republicans to support the Laken Riley Act, legislation that could lead to the detention of immigrants, including asylum seekers and DACA recipients, for non-violent offenses such as shoplifting, prior to any guilt being established.

This proposed law mandates the U.S. Department of Homeland Security to detain undocumented individuals accused, charged, or convicted of crimes like burglary and theft. Its name honors Laken Riley, a Georgia nursing student tragically killed in 2024, allegedly at the hands of Venezuelan immigrant Jose Ibarra, who had previous shoplifting citations.

Critics, including immigrant rights advocates and some Democratic leaders, argue that the legislation unfairly targets individuals who have not been convicted, lacking necessary protections for DACA recipients, who are legally shielded from deportation.

Although the bill stalled in the Democrat-controlled U.S. Senate last year, its prospects appear more favorable this session, bolstered by Republican control in both chambers. The Democrats, looking to appeal to voters on border security, have also shown newfound support, requiring at least eight Democratic votes for Senate passage.

On Wednesday, Arizona’s Democratic senators, Ruben Gallego and Mark Kelly, expressed their intent to vote for the Laken Riley Act during its upcoming debate. Gallego, whose mother is an immigrant from Colombia, has adjusted his immigration stance over recent years, previously advocating for immigrant rights. He now describes the bill as necessary to protect against future crimes, citing the impacts of the current border crisis on Arizonans.

“We must provide law enforcement with the means to act and prevent tragedies like Laken Riley’s,” Gallego stated. He has registered as a co-sponsor, having previously supported an earlier version of the bill while serving as a U.S. Representative.

Following Gallego’s endorsement, a spokesperson for Kelly confirmed his support as well, underscoring a commitment to working across party lines on solutions for border security and immigration reform.

Governor Hobbs publicly commended Gallego’s support on social media, marking a notable shift from her administration’s prior stance against stringent immigration measures. Previously, she advocated for enhanced funding for border communities and support for DACA recipients and undocumented students.

Despite her support for the bill, Hobbs’s spokesperson reassured that her commitment to DACA recipients remains unchanged, suggesting there is a distinction between the immigrant community and those accused of crimes.

The bill also gained backing from Arizona’s six Republican U.S. Representatives, while Democratic Representative Greg Stanton voted in favor. Only Representative Yassamin Ansari opposed the bill, and Representative Raul Grijalva was absent due to health issues.

Nationally, immigrant advocacy groups have expressed sharp opposition to the legislation. The American Civil Liberties Union has urged Congress to reject the bill, warning it will lead to unnecessary costs and unfair arrests, arguing that existing federal powers suffice for detaining noncitizens during deportation.

Critics contend that mandatory detention would strain local law enforcement resources and endanger public safety, echoing concerns about the bill’s potential to negatively affect long-time residents without prior convictions.

Local Latino advocacy organizations have expressed fears that the legislation jeopardizes due process guarantees. Joseph Garcia, leader of Chicanos Por La Causa Action Fund, emphasizes American values of fair justice, while DACA recipient José Patiño asserts that all individuals deserve due process, regardless of their immigration status.

Aliento, a group advocating for Dreamers, has reached out to both Gallego and Kelly, urging them to reconsider the effects of the legislation on vulnerable immigrant populations. “We’re not treated equally under the law,” Patiño observed, reflecting broader sentiments within the immigrant community.