New legislative efforts to strengthen penalties for illegal immigrants who commit property crimes are gaining momentum in Congress as Republicans build upon the recently passed Laken Riley Act.

At a Glance

• The “Safeguarding American Property Act” would expand federal detention requirements for illegal immigrants who commit arson, vandalism, and trespassing
• The bill builds on the Laken Riley Act, which was recently signed into law by President Trump
• The legislation aims to help rural communities with limited law enforcement resources, particularly along the southern border
• Senate passed the Laken Riley Act with bipartisan support (64-35), with 12 Democrats joining Republicans
• The proposal represents the continued GOP focus on immigration enforcement following electoral success

Expanding Federal Detention Requirements

The newly proposed “Safeguarding American Property Act,” developed by Representative Troy Downing, seeks to significantly expand the list of crimes that would require federal custody for illegal immigrants. This legislation would add arson, vandalism, and trespassing to the list of offenses that mandate detention by federal authorities. The proposal comes on the heels of the Laken Riley Act, which already established detention requirements for migrants accused of theft and violent crimes against law enforcement officers.

The legislation specifically targets rural communities affected by property damage along the southern border, where local law enforcement resources are often stretched thin. Many agricultural communities have reported significant property damage from illegal border crossings, prompting Texas to implement a Landowner Compensation Program to assist affected property owners. The federal proposal aims to provide additional protection through stronger enforcement measures.

Building on Recent Legislative Success

The Safeguarding American Property Act builds directly on momentum from the Laken Riley Act, which recently passed both chambers of Congress with bipartisan support. The Senate approved the bill with a 64-35 vote, with 12 Democrats joining Republicans in favor of the legislation. The House had previously passed its version with all Republicans and 48 Democrats supporting it, signaling a shift in the Democratic Party’s stance on border security following recent election results.

“Obviously border security was a very, very big issue in November’s election,” said Senate Majority Leader John Thune.

The Laken Riley Act, named after a Georgia student killed by a Venezuelan man who had entered the country illegally, requires detention of migrants accused of theft and violent crimes. It also includes a provision that allows state attorneys general to sue the federal government over immigration policies, effectively giving states more influence in setting immigration enforcement standards.

Protecting Property Rights and Rural Communities

Supporters of the Safeguarding American Property Act argue that it addresses a critical gap in existing law by extending federal protections to property owners, particularly in rural areas along the border who have experienced significant damage from illegal immigration. The bill reflects growing concerns about property rights violations that may not be adequately addressed by local authorities due to resource constraints.

“Property rights are a fundamental American value,” said Rep. Troy Downing.

Critics, however, raise concerns about implementation costs and the potential burden on an already strained immigration enforcement system. Immigration and Customs Enforcement (ICE) has expressed concerns about the feasibility of implementing similar detention requirements, citing a lack of resources and potential costs. For the Laken Riley Act alone, ICE estimated costs could reach $26 billion in the first year of implementation, though Republicans dispute this figure.

Funding Considerations and Implementation Challenges

Neither the Laken Riley Act nor the proposed Safeguarding American Property Act include additional funding provisions to support the expanded detention requirements they would impose. This has raised questions about practical implementation. Republicans in Congress are considering a separate funding package through budget reconciliation that could allocate up to $100 billion for border security and immigration enforcement initiatives.

“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.

The legislative push reflects the Republican Party’s broader strategy to leverage their control of Congress and the White House to implement stricter immigration measures. With border security having played a significant role in recent elections, these proposals aim to deliver on campaign promises while addressing concerns from constituents about property damage and community safety in areas impacted by illegal immigration.