Gallego, Kelly & Hobbs Push Controversial Bill to Imprison Immigrants for Non-Violent Offenses

In an unexpected shift, Arizona’s Democratic U.S. senators, along with Governor Katie Hobbs, have aligned with Republican lawmakers to support the Laken Riley Act. This proposed legislation mandates the detention of immigrants, including asylum seekers and DACA recipients, for non-violent crimes such as shoplifting even before a trial.

The act, named after a Georgia nursing student tragically murdered by a Venezuelan immigrant in 2024, aims to strengthen immigration enforcement. Proponents argue it serves as a preventive measure against crime. However, critics argue it unfairly targets individuals who have not been convicted of any offenses.

The legislation failed to pass last year but gained momentum in the current session, partly due to the Republicans’ control of both congressional chambers. Democratic support is crucial; at least eight votes from Democrats are needed in the Senate for it to advance.

On Wednesday, Senators Ruben Gallego and Mark Kelly from Arizona publicly endorsed the bill. Gallego, who has an immigrant mother, has recently recalibrated his immigration stance, framing the legislation as protective for local communities. He expressed his thoughts on social media, emphasizing the need for law enforcement measures in light of recent tragedies.

Shortly after, a spokesperson for Kelly confirmed his support, noting ongoing collaboration with both parties to address border security and immigration reform. Governor Hobbs also chimed in, praising Gallego’s endorsement through a post on social media, which marked a significant change from her previous stance focused on funding for immigrant support rather than punitive measures.

Despite her endorsement, Hobbs’ commitment to DACA recipients remains intact, according to her spokesperson, who emphasized a distinction between immigrants and individuals committing crimes.

In Congress, all six Republican representatives from Arizona supported the bill, with Democratic Rep. Greg Stanton joining them. Only Rep. Yassamin Ansari opposed it, citing the demographic implications it might have for her majority Hispanic district.

Opposition is fierce among immigrant advocacy groups, with the American Civil Liberties Union and others denouncing the act. Critics argue that it risks overburdening public resources and leads to unnecessary arrests. They assert that existing laws already allow for the detention of non-citizens during deportation proceedings without the need for this legislation.

ACLU representatives warn that the bill could fuel nativist sentiments and harm long-term residents. Local Latino advocacy organizations have voiced concerns over potential violations of due process rights for individuals not yet convicted of any crime. Joseph Garcia, from Chicanos Por La Causa, reiterated the importance of maintaining constitutional protections for all individuals, irrespective of citizenship status.

For many in the immigrant community, including DACA recipient José Patiño, the legislation poses significant threats to their rights and social standing. Advocacy groups have reached out to lawmakers to express their apprehensions, emphasizing the importance of inclusion and fair treatment within the context of American values and justice.