Attorney General Bonta Continues to Oppose Inhumane “No Bond” Immigration Detention Policy

OAKLAND - California Attorney General Rob Bonta today announced co-leading a multistate coalition in filing two amicus briefs 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 three multi-state amicus briefs in support of the plaintiff-petitioners in Guerrero Orellana v. Moniz, Bautista v. Department of Homeland Security, and Rodriguez Vazquez v. Bostock. In the briefs filed inLopez Garcia v. Simon & Rivera v. Hott and Santillan Quiroz v. Noem, 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's no-bond detention policy has contributed to immigration detention reaching an all-time high while facilities are unable to keep up," said Attorney General Bonta. "Without the opportunity to make the case that their detention is unwarranted, people who've been in the U.S. for years or decades are unnecessarily confined to deteriorating facilities, and subjected to overcrowded, unsanitary, and unsafe conditions. The Trump Administration's policy isn't making America greater or safer, it is creating harms that are rippling far beyond detention centers - children are losing parents, families are losing income stability, and communities are losing vital members. The policy is inhumane and deliberately intended to pressure immigrants into giving up - but we will not back down. I will continue to fight the Trump Administration's constitutional violations by every means possible."

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. 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 (ICE). 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.

In filing both briefs, Attorney General Bonta joins the attorneys general of Maryland, New York, Arizona, Colorado, Connecticut, Delaware, the District of Columbia, Hawai'i, Illinois, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, Oregon, Rhode Island, Vermont, Virginia, and Washington.