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Emigration and immigration

Vermont Attorney General Joins Multistate Coalition Opposing New Federal Policy on Indefinite Immigration Detention

Strategic Insights

— 2 min read

A multistate coalition of 19 attorneys general, including Vermont's Charity Clark, has filed an amicus brief opposing a new federal policy that mandates indefinite detention of undocumented immigrants without the opportunity for a bond hearing. The policy, reinterpreted by the U.S. Department of Homeland Security (DHS), eliminates the right to request a bond hearing for individuals who entered the country without inspection, leading to widespread harm on families, communities, and state economies. The attorneys general argue that this policy violates due process and federal statutes, and they are urging the court to grant partial summary judgment for the plaintiffs and strike down DHS's unlawful policy.

Key Takeaways:

  • The new policy, implemented by DHS, eliminates the right to request a bond hearing for undocumented immigrants who entered the country without inspection, leading to indefinite detention.
  • The policy violates due process and federal statutes, according to the attorneys general, who argue that it causes harm to families, communities, and state economies.
  • The mandatory detention policy will disproportionately affect over four million children who live with at least one undocumented family member.
  • Undocumented immigrants contribute significantly to the U.S. workforce, totaling nearly 5% of the workforce and paying nearly $90 billion in taxes in 2023.
  • The policy will come at a substantial cost to taxpayers, with immigration detention costing $3.4 billion in 2024.
  • The attorneys general argue that DHS's shift away from cost-effective alternatives to detention, such as the Alternatives to Detention program, wastes taxpayer dollars while delivering no added benefit.

Statistics:

  • Over nine million U.S. citizens live with at least one undocumented family member.
  • The detention of a parent increases the risk of depression, anxiety, and post-traumatic stress disorder in children.
  • Undocumented immigrants constitute nearly 5% of the U.S. workforce.
  • In 2023, undocumented-led households paid nearly $90 billion in taxes.
  • In 2024, immigration detention cost U.S. taxpayers $3.4 billion, with $152 spent per detainee per day.
  • The Alternatives to Detention program costs less than $4.20 per day.

Sources:

  • Office of the Vermont Attorney General
  • [Source 1 - Vernon,Montpelier, Vermont - phil为 administration of Attorney General Charity Clark, SHARE Sector Wednesday, 18 April ](https://www.ago.vermont.gov/news-releases/vermont-joins-states-say-post-deportation-or-detention-bonds-repair-mortals-east-Exhibit-reports-Facinmond)
  • [Source 2 - Federal Register 24 April 2024, Department of Homeland Security. Enforcement and Removal Operations, Public Notice 2024-001. Enforcement Operations: Alternatives to Detention](https://www.federalregister.gov/documents/2024/04/24/2024-09681/enforcement-and-removal-operations-public-notice-2024-001)

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