Attorney General Bonta Continues Opposition to Trump Administration’s Mandatory Immigration Detention Without Due Process

OAKLAND -California Attorney General Rob Bonta yesterday co-led a multistate coalition in filing an amicus brief in support of challenges to the Trump Administration's no-bond policy, which mandates the indefinite detention of vast numbers of non-citizens without the opportunity for a bond hearing. Under the Trump Administration's new interpretation of a decades-old law, there is no consideration for individual circumstances, including for people with dependent young children, U.S. citizen family members, deep roots in the community, no criminal history, and strong claims for relief. Attorney General Bonta has repeatedly opposed this policy, co-leading five multi-state amicus briefs in support of the petitioners in in Guerrero Orellana v. Moniz, Bautista v. Department of Homeland Security, Rodriguez Vazquez v. Bostock, Lopez Garcia v. Simon & Rivera v. Hott, and Santillan Quiroz v. Noem. In yesterday's amicus brief in Buele Morocho v. Warden, Philadelphia FDC and Lopes De Andrade v. Director Philadelphia Field Office Immigration, the coalition challenges the U.S. Department of Homeland Security's (DHS) unprecedented reinterpretation of immigration law, arguing that the new policy contravenes Congress's intent, violates the right to due process and federal statutes, and inflicts substantial irreparable harm on people detained under the policy and their families, communities, and states.

"The Trump Administration is unlawfully subjecting thousands of immigrants to mandatory detention without due process," said Attorney General Bonta. "Eliminating bond hearings does not make our immigration system safer or more efficient. Detaining longtime members of the community for civil proceedings without considering each person's circumstances violates people's basic rights, imposes unnecessary detention, separates families, and harms the workforce and economy. It is not surprising that the weight of the evidence indicates that Congress did not intend to permit this scheme."

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. DHS's new policy eliminates that right for those who entered the country without inspection, mandating their indefinite detention without the opportunity to show that their release would not pose a flight risk or danger. 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. This federal policy has already contributed to a substantial increase in immigration detention over the past several months, leading many detention facilities to operate over capacity and causing conditions of confinement to further deteriorate. As DHS continues to expand its enforcement efforts, millions of additional immigrants could be subjected to mandatory detention under this policy.

More than 10 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 these chilling effects.

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. Undocumented immigrants' tax dollars go to a host of programs that benefit others, such as Social Security and Medicare. Attorney General Bonta and the coalition argue that unnecessarily detaining these workers disrupts the labor force and undermines local and state economies. The attorneys general also argue this policy will come at a substantial cost to taxpayers. 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 has been 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 also 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. 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 legal status. The attorneys general urge the appellate courts to rule that DHS's no-bond policy is unlawful.

Attorney General Bonta is committed to standing up for the rights of the nearly 11 million immigrants who call California home. In April 2025, Attorney General Bonta released the California Department of Justice's fourth report on immigration detention facilities operating in California where noncitizens are detained by Immigration and Customs Enforcement. The report is intended to provide members of the public and policymakers with critical information about the conditions experienced by people in civil immigration detention in California. The executive summary is also available in Spanish.

Attorney General Bonta co-led the filing the amicus brief with New York Attorney General Letitia James. They are joined by the attorneys general of Arizona, Colorado, Connecticut, Delaware, Hawai'i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, Oregon, Rhode Island, Vermont, Virginia, Washington, and the District of Columbia.