The Laken Riley Act passed the House of Representatives last 7 January, the first piece of federal legislation approved by the 119th Congress after the House agreed to its rules for the term.
All voting Republicans supported the bill, along with 48 Democrats – more than the total left-wing lawmakers who voted for it last year. It passed on a 264 to 159 margin and will now be sent to the Senate.
The bill is named after a nursing student who was killed by an illegal immigrant while jogging on the University of Georgia's campus.
The bill would require federal immigration authorities to detain illegal immigrants found guilty of theft-related crimes. It also would allow states to sue the Department of Homeland Security for harm caused to their citizens because of illegal immigration.
Jose Ibarra, who was sentenced to life in prison for Riley's murder, had previously been arrested but was never detained by Immigration and Customs Enforcement (ICE) agents, the agency previously said.
The bill passed the House along bipartisan lines last year after it was first introduced by Rep. Mike Collins, R-Ga.
All voting Republicans plus 37 Democrats voted for the bill by a margin of 251 to 170. All the "no" votes on the bill were Democrats.
Speaker Mike Johnson, R-La., said of the Democrats who opposed it last year, "I think they put politics ahead of principle. And we're going to find out where they stand on this now."
"We have every intention of doing, really important, bipartisan work," Johnson said hours before the vote on Tuesday. "We welcome with open arms any Democrat who wants to help us solve these problems because the American people demand and deserve it, it's overdue. And, we'll be looking for that and we'll see how it shakes out."