California Attorney General Rob Bonta, along with New York Attorney General Letitia James and a coalition of other states, has filed an amicus brief challenging a new federal policy that requires the indefinite detention of many undocumented immigrants without the possibility of a bond hearing. The brief was submitted in the case Bautista v. Noem and argues that the U.S. Department of Homeland Security’s (DHS) reinterpretation of immigration law violates due process rights and federal statutes.
“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 many years, immigrants facing removal proceedings were able to request bond hearings as they awaited decisions on their cases. The DHS policy now removes this opportunity for those who entered without inspection, resulting in mandatory detention regardless of personal circumstances. Many affected individuals have resided in the United States for extended periods and now face prolonged confinement in crowded facilities.
The coalition notes that over nine million U.S. citizens live with at least one undocumented family member, including more than four million children. Research indicates that detaining parents increases mental health risks among children and worsens economic hardship for families. Fear related to detention also discourages immigrant households from seeking essential services or reporting crimes.
Undocumented workers represent nearly five percent of the national workforce and are significant contributors to industries such as agriculture and construction. In 2023, households led by undocumented immigrants paid close to $90 billion in taxes while generating almost $300 billion in consumer spending nationwide. The attorneys general argue that detaining these workers disrupts local economies.
Additionally, according to government data, immigration detention cost taxpayers $3.4 billion in 2024—about $152 per detainee each day—while alternatives such as DHS’s Alternatives to Detention program cost less than $4.20 daily per participant but are equally effective at ensuring court appearances.
The attorneys general state that indefinite detention also limits access to legal representation because detainees may be transferred far from their families or lawyers, reducing their chances for legal relief even when eligible under existing laws.
The coalition urges the U.S. District Court for the Central District of California to grant partial summary judgment against DHS’s policy.
Earlier this year, Attorney General Bonta released a report from the California Department of Justice detailing conditions at immigration detention facilities within California operated by Immigration and Customs Enforcement (ICE). The report aims to inform policymakers about conditions experienced by noncitizens held in civil immigration detention across California.
Joining Attorneys General Bonta and James on this brief are counterparts from Arizona, Colorado, Connecticut, Delaware, Hawai’i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, Oregon, Rhode Island, Vermont, Washington State as well as Washington D.C.
