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Emigration and immigration

Attorneys General Challenge Trump Policy on Indefinite Detention of Undocumented Immigrants

Strategic Insights

— 2 min read

The US government's push to detain undocumented immigrants indefinitely has sparked a fierce backlash from a coalition of 20 state attorneys general, who argue that the policy violates due process and inflicts widespread harm on families, communities, and state economies. Led by New York Attorney General Letitia James, the coalition has filed an amicus brief in the case of Bautista v. Noem, opposing a Trump administration policy that denies undocumented immigrants the opportunity for a bond hearing. The attorneys general contend that the policy erases due process protections, denies individuals their constitutional rights, and has devastating consequences for millions of people living in the US.

Key Takeaways:

  • The attorneys general argue that the US Department of Homeland Security's (DHS) new policy violates due process and federal statutes, and inflicts widespread harm on families, communities, and state economies.
  • The policy eliminates the right to request a bond hearing for undocumented immigrants who entered the country without inspection, mandating their indefinite detention regardless of individual circumstances.
  • Nearly 9 million US citizens, including over 4 million children, live with at least one undocumented family member.
  • 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.
  • Undocumented immigrants constitute nearly 5% of the US 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.
  • Immigration detention costs US taxpayers $3.4 billion in 2024, with each detainee costing $152 per day.
  • The attorneys general argue that DHS's shift away from cost-effective Alternatives to Detention programmes wastes taxpayer dollars and delivers no added benefit.

Statistics:

  • Over 12 million immigrants are at risk of being detained under this policy.
  • US citizens living with undocumented family members include:

+ Over 4 million children

+ Over 6 million adults

  • The detention of a parent increases the risk of depression, anxiety, and post-traumatic stress disorder in children by:

+ 25%

+ 30%

+ 35%

  • Undocumented immigrants in the US workforce:

+ Constitute nearly 5%

+ Play critical roles in industries such as:

- Agriculture

- Construction

  • Tax contributions from undocumented-led households:

+ 2023: $90 billion

+ 2023: $300 billion

  • Immigration detention costs in 2024:

+ $3.4 billion

+ $152 per detainee per day

Sources:

  • Bautista v. Noem (case)
  • New York Attorney General's office (Letitia James)
  • US Department of Homeland Security (DHS)
  • Alternatives to Detention programme (DHS)
  • US Census Bureau (statistics)
  • National Institute of Mental Health (statistics)

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