
Rep. Troy Downing introduces legislation to expand detention requirements for illegal immigrants who commit property crimes, building on the recently signed Laken Riley Act.
Key Takeaways
- The “Safeguarding American Property Act” would add arson, vandalism, and trespassing to the list of crimes requiring federal detention of illegal immigrants.
- This proposal builds upon the Laken Riley Act, which was recently signed into law by President Trump and targets migrants accused of theft and assaulting officers.
- The legislation aims to assist rural communities with limited law enforcement resources, particularly those affected by property damage along the southern border.
- The Laken Riley Act passed with bipartisan support—64-35 in the Senate with 12 Democrats joining Republicans, and 263-156 in the House with 46 Democrats supporting.
- Critics argue the expanded detention requirements could overwhelm the immigration system, with ICE estimating implementation costs at $26 billion in the first year alone.
New Proposal Expands on Laken Riley Act
Montana Republican Representative Troy Downing has introduced the “Safeguarding American Property Act,” which seeks to expand the list of crimes requiring federal custody for illegal immigrants. The proposal would add arson, vandalism, and trespassing to existing detention requirements established by the Laken Riley Act, which was signed into law by President Trump. The Laken Riley Act already mandates detention of migrants accused of theft, assault on officers, and crimes causing death or serious injury.
The proposal specifically targets rural communities affected by property damage along the southern border, where law enforcement resources are often limited. According to supporters, these areas have experienced increased damage to agricultural land, fences, and other property due to illegal border crossings. Texas has already implemented a Landowner Compensation Program to assist agricultural communities impacted by migrant-related property damage.
Bipartisan Support for Tougher Immigration Enforcement
The Laken Riley Act, named after a Georgia student killed by a Venezuelan man who entered the country illegally, received significant bipartisan support in both chambers of Congress. In the Senate, the bill passed with a 64-35 vote, with 12 Democrats joining Republicans. The House version passed 263-156, with 46 Democrats supporting the measure, indicating a shift in Democratic positioning on immigration following recent election losses.
“Obviously border security was a very, very big issue in November’s election,” said Senate Majority Leader John Thune.
The legislative package also includes a provision allowing state attorneys general to sue the federal government over immigration policies, giving states more influence in immigration enforcement. This represents a significant shift in the federal-state balance of power regarding immigration policy, which has traditionally been under federal jurisdiction.
Concerns About Implementation and Resources
Immigration and Customs Enforcement (ICE) has expressed concerns about the feasibility of implementing the expanded detention requirements. Agency officials estimate that the Laken Riley Act alone could cost approximately $26 billion in just the first year of implementation, with further costs anticipated for the proposed expansion. Critics argue the new requirements could overwhelm an already stressed immigration system.
“This bill creates an artificial demand for detention beds while doing nothing to address border surges or enhance safety,” said Jason Houser, former chief of staff for ICE.
Republicans are considering a funding package through budget reconciliation to allocate up to $100 billion for border and immigration enforcement to address these resource concerns. This would allow the funding measures to pass without facing a Senate filibuster, requiring only a simple majority rather than the usual 60-vote threshold for most legislation.
Property Rights Central to New Proposal
Supporters of the Safeguarding American Property Act emphasize the importance of protecting American landowners, particularly those in border communities. The legislation aims to provide federal backup for local law enforcement agencies that may be overwhelmed by property crimes committed by people who have entered the country illegally.
“Property rights are a fundamental American value,” said Rep. Troy Downing, the bill’s sponsor.
While the proposal has strong Republican support, some Democrats and immigration advocates argue it falsely links immigration status with criminal behavior and could undermine due process by allowing deportation without full court proceedings. The legislation reflects the broader Republican strategy to implement stricter immigration measures following the party’s gains in the recent election.
Sources:
- Senate advances a migrant detention bill that could be first law Trump signs
- Congress clears GOP-led immigration enforcement bill, with Democrats on board
- New GOP proposal builds off Laken Riley Act with slew of crimes targeting illegals