New York Attorney General Letitia James has led a coalition of 19 other attorneys general in submitting an amicus brief against a new federal policy that requires indefinite detention for many undocumented immigrants without the chance for a bond hearing. The brief, filed in Bautista v. Noem, challenges the U.S. Department of Homeland Security’s (DHS) reinterpretation of immigration law.
“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.”
Previously, immigrants facing removal proceedings could request a bond hearing to argue for release while their cases were pending. Under DHS’s new policy, this right is eliminated for those who entered the country without inspection, requiring indefinite detention regardless of personal circumstances. Many affected individuals have lived in the United States for years and may face extended confinement in facilities that are often overcrowded or unsanitary.
The coalition argues that this policy will negatively impact millions of U.S. citizens who live with at least one undocumented family member. Research indicates that detaining parents can increase risks of mental health issues in children and worsen household economic instability. Fear of detention also discourages immigrant families from accessing health care or reporting crimes.
Economically, undocumented immigrants represent nearly five percent of the national workforce and are significant contributors in sectors such as agriculture and construction. In 2023, households led by undocumented immigrants paid about $90 billion in taxes and contributed almost $300 billion through consumer spending. The attorneys general assert that detaining these workers disrupts labor markets and harms local economies.
The brief notes that immigration detention cost taxpayers $3.4 billion in 2024—about $152 per detainee each day—while DHS’s Alternatives to Detention program costs less than $4.20 per day with similar effectiveness at ensuring court appearances.
Attorney General James and her colleagues also highlight how indefinite detention makes it harder for detainees to access legal representation, especially when held far from family or legal counsel, reducing their chances of securing relief even if eligible.
The coalition contends that denying bond hearings goes against established legal precedent and due process protections standard in both civil and criminal cases.
The attorneys general urge the court to grant partial summary judgment for the plaintiffs and reject DHS’s policy. Those joining James include attorneys general from Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, Oregon, Rhode Island, Vermont, Washington state and the District of Columbia.
