New York Attorney General Letitia James, joined by 19 other attorneys general, filed an amicus brief opposing a new federal immigration policy that mandates indefinite detention of many undocumented immigrants without a bond hearing. The brief, filed in Bautista v. Noem challenges the U.S. Department of Homeland Security’s (DHS) interpretation of immigration law.
James and the coalition argue the policy violates due process and federal law while harming families, communities, and state economies.
“Our nation was founded on the principle of liberty and justice for all,” James said. “DHS is now attempting to rewrite immigration law, erase due process protections, and deny people their most basic constitutional rights.”
For decades, immigrants facing removal proceedings could request bond hearings. DHS’s new approach eliminates that right for those who entered without inspection, requiring detention regardless of circumstances. Many affected have lived in the U.S. for years and now face extended confinement in overcrowded and unsafe facilities.
The attorneys general warn that the policy could affect millions of families. More than nine million U.S. citizens live with at least one undocumented relative. Research links detention of a parent to increased risks of depression and economic instability. Fear of detention also discourages families from seeking medical care or reporting crimes, undermining public safety.
The brief highlights the economic costs. Undocumented workers make up nearly 5% of the U.S. labor force and contributed about $90 billion in taxes and $300 billion in consumer spending in 2023. Detention, the attorneys general argue, disrupts industries like agriculture and construction while straining state economies.
Immigration detention costs taxpayers $3.4 billion in 2024, compared with $4.20 per day for DHS’s Alternatives to Detention program.
Joining James in filing the brief were attorneys general from 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.
