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 bill, which would impose harsher penalties on some people who are in the country illegally, is an early test of how far right Democrats could shift in the second Trump presidency.

The Laken Riley Act requires the Department of Homeland Security to detain “non-U.S. nationals” who have been arrested for burglary, theft, larceny or shoplifting. It would also allow states to sue the federal government “for decisions or alleged failures related to immigration enforcement.

Republicans are stepping on the gas and renewing bills Democrats ignored in the last Congress, the first of which being the Laken Riley Act.