NY Attorney General Leads Coalition Opposing Indefinite Detention of Immigrants by ICE

NEW YORK, New York – New York Attorney General Letitia James has led 19 other attorneys general in filing an amicus brief opposing a sweeping new Trump policy that mandates indefinite detention of many undocumented immigrants without the opportunity for a bond hearing.

York Attorney General Letitia James.In a brief filed in Bautista v. Noem, Attorney General James and the coalition challenge the US 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,” she added.

James noted that, for decades, immigrants living in the US 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.

She said the DHS’s new policy eliminates that right for those who entered the country without inspection, mandating their indefinite detention regardless of individual circumstances.

The New York Attorney General said many of these individuals have lived in the US for years and now face confinement in often overcrowded, unsafe, and unsanitary facilities for months or even years.

As DHS expands its enforcement efforts, she warned 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.”

They say more than nine million US citizens, including over four million children, live with at least one undocumented family member.

The attorneys general point to studies that 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,” they say.

The attorneys general argue that the mandatory detention policy “only exacerbates this chilling effect.”

They also underscore the economic harm of this mass detention, stating that undocumented immigrants constitute nearly five per cent of the US workforce and play “critical roles” in industries such as agriculture and construction.

In 2023, the attorneys general say undocumented-led households paid nearly $90 billion in taxes and contributed almost $300 billion in consumer spending.

They 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, they say immigration detention costs US taxpayers $3.4 billion – roughly $152 per detainee per day.

By contrast, the attorneys general says 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.

They 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,” the attorneys general say.

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.