Attorney General Bonta Leads Coalition in Opposing Inhumane No-Bond Immigration Detention Policy

OAKLAND – California Attorney General Rob Bonta, leading a multistate coalition along with New York Attorney General Letitia James, filed an amicus brief opposing a new federal policy that mandates indefinite detention of many undocumented immigrants without the opportunity for a bond hearing. In a brief filed in Bautista v. Noem, the coalition challenges the U.S. Department of Homeland Security’s (DHS) unprecedented reinterpretation of immigration law, arguing it violates due process and federal statutes, and inflicts widespread harm on families, communities, and state economies. 

“The Trump Administration has created a mass deportation apparatus built around the abduction and incarceration of immigrants,” said Attorney General Bonta. “It’s inhumane — and illegal. We’re talking about individuals who have lived and worked in the U.S. for years, who have had families here and become vital parts of their communities. They deserve to be treated with respect, and they have the right to the due process afforded to them by the Constitution.”  

For decades, immigrants living in the U.S. who were placed in removal proceedings had the right to request a bond hearing — a chance to argue for their release while their immigration case was pending. DHS’s new policy eliminates that right for those who entered the country without inspection, mandating their indefinite detention regardless of individual circumstances. Many of these individuals have lived in the U.S. for years and now face confinement in often overcrowded, unsafe, and unsanitary facilities for months or even years. As DHS expands its enforcement efforts, millions of additional immigrants could be subjected to mandatory detention under this policy. 

More than nine million U.S. citizens, including over four million children, live with at least one undocumented family member. Studies show that the detention of a parent significantly increases the risk of depression, anxiety, and post-traumatic stress disorder in children, and deepens economic instability for entire households. Fear of detention already deters immigrant families from seeking health care, food assistance, and even reporting crimes, undermining both public safety and public health. The attorneys general argue that the mandatory detention policy only exacerbates this chilling effect.

Undocumented immigrants also constitute nearly five percent of the U.S. workforce and play critical roles in industries such as agriculture and construction. In 2023, undocumented-led households paid nearly $90 billion in taxes and contributed almost $300 billion in consumer spending. Attorney General Bonta and the coalition argue that unnecessarily detaining these workers disrupts the labor force and undermines local and state economies. The attorneys general also argue this policy will come at a substantial cost to taxpayers. In 2024, immigration detention cost U.S. taxpayers $3.4 billion – roughly $152 per detainee per day. By contrast, DHS’s own Alternatives to Detention program costs less than $4.20 per day and is equally effective in ensuring court appearances. The attorneys general argue that DHS’s shift away from these cost-effective alternatives wastes taxpayer dollars while delivering no added benefit.

The attorneys general also emphasize that indefinite detention severely limits detainees’ ability to access legal representation, particularly when they are transferred to remote facilities far from their families and attorneys. This drastically reduces their chances of obtaining legal relief, even when they are eligible to remain in the country. In addition to being inhumane, denying individuals the opportunity for a bond hearing contradicts longstanding legal precedent and fundamental due process protections. The coalition emphasizes that individualized assessments are standard in both civil and criminal proceedings, and immigrants should not be treated differently simply because of their legal status.

The attorneys general urge the U.S. District Court for the Central District of California to grant partial summary judgment for the plaintiffs and strike down DHS’s unlawful policy.

Earlier this year, Attorney General Bonta released the California Department of Justice’s fourth report on immigration detention facilities operating in California where noncitizens are detained by Immigration and Customs Enforcement (ICE). The report is intended to provide members of the public and policymakers with critical information about the conditions that people in civil immigration detention in California are subjected to. A copy of the report is available here. A copy of the executive summary is also available in Spanish here. 

Attorney General Bonta and Attorney General James are joined by the attorneys general of Arizona, Colorado, Connecticut, Delaware, Hawai'i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia in filing the amicus brief. 

A copy of the amicus brief is available here.