New York Attorney General Leads Coalition in Opposing Sweeping New Federal Policy on Indefinite Immigration Detention

A coalition of 19 attorneys general, led by New York Attorney General Letitia James, has filed an amicus brief opposing a new federal policy that mandates the indefinite detention of many undocumented immigrants without the opportunity for a bond hearing. The policy, which is being challenged in the case of Bautista v. Noem, has been criticized for violating due process and federal statutes, and for inflicting widespread harm on families, communities, and state economies.

Key Takeaways:

The new federal policy eliminates the right to a bond hearing for undocumented immigrants who entered the country without inspection, mandating their indefinite detention regardless of individual circumstances.
The policy will have devastating and far-reaching consequences, including the detention of millions of immigrants who could be subjected to mandatory detention under this policy.
More than nine million U.S. citizens, including over four million children, live with at least one undocumented family member, and the detention of a parent significantly increases the risk of depression, anxiety, and post-traumatic stress disorder in children.
Studies show that the detention of undocumented immigrants already deters families from seeking health care, food assistance, and even reporting crimes, undermining both public safety and public health.
The mandatory detention policy will exacerbate this chilling effect and disrupt the labor force, undermining local and state economies.
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.
The attorneys general argue that the mandatory detention policy wastes taxpayer dollars, with immigration detention costing U.S. taxpayers $3.4 billion in 2024, while Alternatives to Detention program costs less than $4.20 per day.
The bureaucrats emphasize that individualized assessments are standard in both civil and criminal proceedings, and immigrants should not be treated differently simply because of their status.

Statistics:

Over four 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.
Undocumented immigrants constitute nearly five percent of the U.S. workforce.
In 2023, undocumented-led households paid nearly $90 billion in taxes.
Undocumented-led households contributed almost $300 billion in consumer spending.
Immigration detention costs U.S. taxpayers $3.4 billion in 2024.
Alternatives to Detention program costs less than $4.20 per day.

Sources:

Office of the New York Attorney General
Bautista v. Noem
U.S. Department of Homeland Security
Alternatives to Detention program
Study on the impact of immigration detention on children
Study on the economic contributions of undocumented immigrants
U.S. Census Bureau
U.S. Bureau of Labor Statistics