AG James and 19 Attorneys General File Brief Arguing Mandatory Detention Without Bond Violates Due Process, Endangers Families, and Wastes Taxpayer Dollars
New York Attorney General Letitia James led 19 other attorneys general in filing an amicus brief opposing a sweeping 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, Attorney General James and the coalition challenge 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.
“Our nation was founded on the principle of liberty and justice for all,” said Attorney General James. “DHS is now attempting to rewrite immigration law, erase due process protections, and deny people their most basic constitutional rights. The federal government cannot ignore the law and threaten our nation’s families, communities, and values.”
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. The 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 more immigrants could be subjected to mandatory detention under this policy.
In the brief, Attorney General James and the coalition argue that this new DHS policy will have devastating and far-reaching consequences. 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.
The attorneys general also underscore the economic harm of this mass detention. Undocumented immigrants 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. The attorneys general argue that unnecessarily detaining these workers disrupts the labor force and undermines local and state economies.
Attorney General James and the coalition also highlight the staggering costs of this policy. 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 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.
Attorney General James and the coalition argue that 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 status.
The attorneys general are urging the court to grant partial summary judgment for the plaintiffs and strike down DHS’ unlawful policy.
Joining Attorney General James in filing this brief are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia.
