A fence at the Port Isabel Detention Center during a media tour hosted by Immigration and Customs Enforcement on June 10, 2024, in Los Fresnos, Texas. ICE said that it would need more than 10,000 enforcement and removal personnel to implement the Laken Riley Act.

A fence at the Port Isabel Detention Center during a media tour hosted by Immigration and Customs Enforcement on June 10, 2024, in Los Fresnos, Texas. ICE said that it would need more than 10,000 enforcement and removal personnel to implement the Laken Riley Act. Veronica Gabriela Cardenas-Pool / Getty Images

Congress passes migrant detention bill that DHS said it can’t enforce without more resources

The Laken Riley Act is set to be the first bill Trump signs into law after it passed the House and Senate with bipartisan support.

Congress is sending to President Donald Trump a bill to increase the detention of certain undocumented immigrants, but Immigration and Customs Enforcement previously warned that it would be “impossible” to implement with current resources. 

The House on Wednesday passed, 263-156, the Laken Riley Act (S 5), which would require the Homeland Security Department to detain any undocumented individual who has been charged with, arrested for or convicted of burglary, theft, larceny or shoplifting. It was supported by all present Republicans and 46 House Democrats. 

The Senate approved, 64-35, the measure on Monday with the backing of a dozen Democratic senators. Senators also amended the bill to mandate detention of undocumented immigrants who have been charged with, arrested for or convicted of assaulting a law enforcement officer or any crime that results in another person’s death or serious injury. 

However, prior to the start of Trump’s second administration, ICE said an earlier version of the bill would cost $26.9 billion to enforce in its first year, according to an internal agency document obtained by NPR. ICE’s annual budget is approximately $9 billion, according to a December agency report

“[T]he agency would need 110,000 more detention beds and over 10,000 enforcement and removal operations personnel to increase apprehensions, detentions and removals. More than 7,000 additional attorneys and support personnel would also be needed to handle immigration proceedings,” NPR reported earlier this month. 

In its fiscal 2024 budget justification, ICE reported that it has more than 21,000 employees. More than 8,500 employees currently work on enforcement and removal operations, specifically. 

According to Office of Personnel Management data, ICE hired nearly 940 individuals in fiscal 2023, the most recent year with complete data. 

The Congressional Budget Office estimated that a version of the bill from the 118th Congress would cost less than $500,000 between 2024 and 2029, but that is because the agency predicted the measure’s detention requirements to supplant, rather than augment, the number of detained migrants. 

“Given the current availability of detention space, CBO expects any increase would be largely offset by a reduction in the number of other people in government custody,” CBO Director Phillip L. Swagel wrote. “Therefore, CBO estimates that H.R. 7511 would not significantly change the total number of aliens detained by ICE.” 

ICE did not respond to a request for comment. 

Congressional Republicans are crafting new immigration legislation in tandem with Trump’s enforcement plans.

“Republicans believe that keeping criminal, illegal aliens off our streets is a good investment, and we are currently working on a bill that will provide ICE with additional agents and additional detention capacity,” Senate Majority Leader John Thune, R-S.D., said last week. 

Laken Riley, a 22-year-old nursing student, was murdered by an undocumented immigrant in February 2024. The killer, who was found guilty and has been sentenced to life without parole, had been previously cited for shoplifting. Supporters argue that the bill could have prevented her death. 

Opponents said the measure would unfairly target individuals who haven’t yet been convicted of a crime.