On January 24, 2025, Democratic Rep. Josh Gottheimer joined Republicans in voting for legislation that allows the detention and deportation of undocumented immigrants accused of low-level offenses and violent crimes.

The bill, known as S. 5, permits federal officials to detain immigrants for theft, burglary, larceny, shoplifting, and violent crimes, while also allowing states to sue the federal government over immigration policies.

Critics, including Democratic lawmakers, contend that the bill's mandatory detention without bond infringes on constitutional rights, particularly for individuals accused but not convicted of minor offenses.

Advocates for immigrant rights express concerns that the bill may lead to racial profiling, disproportionately impacting Black and brown immigrants and exacerbating existing inequalities within immigrant communities.

This legislation is anticipated to be the first signed into law by President Donald Trump, but it does not allocate new funding for implementation, raising alarms about due process and the potential for wrongful detentions.

In a statement, Gottheimer emphasized his opposition to violent crime while asserting his commitment to protecting innocent individuals from wrongful detention or deportation under the new law.

The implementation of the bill could incur costs of approximately $26.9 billion in the first year and necessitate over 100,000 additional detention beds, raising concerns about the economic implications of mass deportations.

The Senate expanded the bill to include deportation provisions for migrants committing offenses against law enforcement or causing harm to others, further intensifying its impact.

Gottheimer was one of 46 Democrats to support the bill, while other New Jersey Democrats, including Senators Cory Booker and Andy Kim, opposed it.

Trump's hard-line immigration policies have been a focal point since his first presidential campaign in 2015, with various restrictive measures enacted during his presidency.