GOP-led immigration legislation passes House in first bill of new Congress, but faces uncertain future in Senate

Washington (CNN) — The House voted on Tuesday to pass a GOP-led bill to require detention of undocumented migrants charged with certain crimes, but the measure faces an uncertain future in the Senate in a sign of the challenges facing Republicans despite controlling both chambers of Congress.

The decision by House Republicans to bring up the legislation, known as the Laken Riley Act, as the first bill of the new Congress highlights the central priority of the issue for the party. But the narrow margins in both chambers limit what Republicans can achieve, and it’s not clear if the bill will have the votes needed in the Senate, which is on track to take up the measure on Friday.

The House vote was 264 to 159, with 48 Democrats voting with Republicans in support. When the legislation passed the chamber in the last session Congress, 37 Democrats voted with Republicans.

Democrats are under pressure to show they will act on immigration, especially in the wake of Trump’s election in a campaign cycle where Republicans frequently painted their opponents as soft on the border and immigration policy. In the aftermath of Trump’s win, some Democrats have said the party must do more to address voter concerns over the issue.

A critical mass of Democrats would have to join with Republicans to clear the 60-vote threshold required to advance most legislation in the Senate, a major constraint on the chamber’s new GOP majority and President-elect Donald Trump’s incoming agenda.

The bill would require the detention of undocumented migrants charged with theft or burglary. The legislation is named after a Georgia student who was killed last year while she was out for a run. An undocumented migrant from Venezuela was convicted and sentenced to life without parole in the case that reignited a national debate over immigration and crime.

Speaker Mike Johnson is presiding over the narrowest House majority in roughly a century, and in the Senate, Republicans control only 53 seats.

Typically, that would mean that at least seven Democrats would need to vote with Republicans to advance a bill subject to a filibuster. But when the bill comes up for a procedural vote in the Senate this week, it would need eight Democrats to vote with Republicans since incoming West Virginia GOP Sen. Jim Justice, who chose to delay his swearing in to finish out his term as governor, isn’t expected to take his seat until next week.

Sen. John Fetterman of Pennsylvania has said he supports the legislation.

Fetterman said in a statement to CNN, “Laken Riley’s story is a tragic reminder of what’s at stake when our systems fail to protect people. No family should have to endure the pain of losing a loved one to preventable violence. Immigration is what makes our country great. I support giving authorities the tools to prevent tragedies like this one while we work on comprehensive solutions to our broken system.”

Democratic Sen. Gary Peters of Michigan, who is up for reelection in 2026, told CNN that he plans to vote for the Laken Riley Act. Asked why, Peters said, “border security and keeping Americans safe.”

Democratic Sen. Ruben Gallego of Arizona told CNN’s Manu Raju he’s “looking at” the legislation.

“What does it say about Democrats who vote against it? Well, people are going to have to make a decision,” GOP Sen. John Barrasso of Wyoming told CNN of the vote. “And you know, it’s now a bipartisan bill, Fetterman has signed on.”

Republicans are acutely aware of the limitations of their narrow majority and the party is preparing a push for a major legislative package under a process known as reconciliation that will allow them to bypass the Senate’s 60-vote threshold.

There are already divisions over the strategy and priorities to include in that package, however, as some Republicans push for a single package that encompasses a sweeping array of policy items, while others argue the effort should be split up into two separate packages.

This story has been updated with additional developments.

CNN’s Ted Barrett and Morgan Rimmer contributed to this report.

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