The 119th Congress, with a Republican trifecta—Donald Trump in the White House and both the Senate and House controlled by Republicans—began its term by passing the Laken Riley Act. What was billed as a law designed to protect communities and prevent tragedies, like the one it was named after, has turned out to be something far more troubling: an erosion of due process, unchecked government power, and state interference in federal matters.
The Laken Riley Act stands as one of the most concerning pieces of legislation in recent memory. It’s an affront not only to the immigrant population of Maryland but also to the delicate balance of power between state and federal governments. Passed with bipartisan support—46 Democratic House members and 12 Senate Democrats—it serves as a stark reminder of just how easily fundamental rights can be sacrificed in the pursuit of political expediency.
This bill echoes the 1994 Crime Bill, which also enjoyed bipartisan backing but contributed to mass incarceration and the erosion of due process, all in the name of political gain. The Laken Riley Act, much like that, goes beyond addressing criminal activity—it bypasses due process entirely, detaining individuals without a fair hearing and undermining the core principle of “innocent until proven guilty.”
Not all Democrats caved to this overreach. Maryland’s Democratic Senators, Chris Van Hollen and Angela Alsobrooks, alongside six Maryland Democrats—Johnny Olszewski, Sarah Elfreth, Glenn Ivey, Steny Hoyer, Kweisi Mfume, and Jamie Raskin—stood firm against the Laken Riley Act. They prioritized constitutional rights, recognizing the gravity of the bill and voting to preserve due process. Their opposition is worth noting as an act of courage.
Unfortunately, not every Democrat followed their lead. Rep. April McClain-Delaney, aligning herself with Rep. Andy Harris—the chair of the far-right Freedom Caucus—voted in favor of the Laken Riley Act. Harris and his allies have long championed policies that undermine immigrant rights and due process. By siding with Harris and the Republican majority, McClain-Delaney ignored the concerns of her constituents and threw her support behind a law that would dismantle due process and empower states to interfere in federal immigration policies.
The Laken Riley Act, far from securing American communities, threatens to make them less safe. Rather than addressing the root causes of crime, it shifts the burden to local governments, ultimately forcing Maryland taxpayers to foot the bill for a policy that is destined to fail. The provision that allows states to sue the federal government over detainee releases will only overwhelm detention centers, creating an endless cycle of litigation and incarceration. Without federal funding to support this expansion, Maryland taxpayers will be left holding the bag.
What’s even more troubling is that the bill fails to achieve its intended goal of protecting communities from criminals. As Rep. McClain-Delaney herself admitted, “S. 5, the Laken Riley Act, is not perfect—and in ways, it’s overarching.” In its rush to act, Congress passed a law that is ineffective, overly broad, and ultimately harmful. If Democrats truly care about justice, they must acknowledge the flaws in this bill and work toward targeted solutions that focus on criminals without dismantling due process for all.
A recent poll in Maryland shows that 76% of residents support local cooperation with federal immigration enforcement. But this support does not extend to the constitutional violations and overreach contained in the Laken Riley Act. This broad opposition reflects that Marylanders reject the dangers the bill poses to our legal system, our communities, and our fundamental rights.
The Laken Riley Act mirrors past failed policies, like the zero-tolerance approach from 2000 to 2017, which was costly, ineffective, and eroded trust in law enforcement—particularly in minority communities. That history of overreach ultimately led to a consent decree, exposing the damage caused by such misguided policies.
This law is no different. It undermines constitutional rights, destabilizes the federal system, and creates an environment ripe for abuse. By supporting this dangerous bill, particularly Rep. McClain-Delaney, those who voted in favor of it must be held accountable. This law fails to protect both American citizens and the immigrant population in Maryland. What we need now are policies that respect due process and the balance of power, not laws that push us further into chaos and division. It’s time for real solutions—not more political theater.
The ink has barely dried on the bill but yet you are declaring it ineffective. We don’t know how effective it is. We would not even be in this position if the Dem party had been realistic in their Illegal Immigrant approach. Had the Dems cooperated with the Feds to remove dangerous illegal immigrants, instead of protecting them with sanctuary policies. Most Americans and Marylanders want the dangerous people captured and most of us are ok with the undocumented that live a peaceful life. This is not Brain surgery, but yet we’ve had policies that protect not only the law abiding undocumented but laws that also protect the law breakers. We can accommodate both of these policies but yet both parties seem to be in this all or nothing mind set which is absurd.