March 11, 2026 - OAKLAND — California Attorney General Rob Bonta yesterday co-led a multistate amicus brief in Guerrero Orellana v. Moniz in support of a challenge to the Trump Administration’s “no-bond” policy, which mandates indefinite detention of certain non-citizens without the opportunity for a bond hearing. Under the administration’s new interpretation of decades-old law, there is no consideration of individual circumstances, including for those 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 two multi-state amicus briefs in support of the plaintiff-petitioners in Bautista v. Department of Homeland Security and Rodriguez Vazquez v. Bostock. In yesterday’s brief, the coalition argues that the U.S. Department of Homeland Security’s (DHS) unprecedented reinterpretation of immigration law violates due process and federal statutes, and inflicts widespread harm on detained noncitizens, families, communities, and state economies.

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“For decades, the immigration system has included access to bond hearings, rooted in our Constitution, to ensure that non-citizen residents are not detained indefinitely, unnecessarily, and without a fair hearing. As immigration enforcement has surged under the Trump Administration, denying consideration for bond is causing detention facilities to become dangerously overcrowded, creating inhumane and unsafe conditions of confinement that no just system should accept,” said Attorney General Bonta. “Many of these immigrants have lived and worked in the United States for decades, building families, supporting our communities, and strengthening our economy. They are part of the fabric of this country; denying them due process not only disregards their contributions and life circumstances, but also breaks the law.”

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 regardless of individual circumstances. Many of these individuals have lived in the U.S. for years and now face confinement in often overcrowded, unsafe, and unsanitary facilities, with inadequate medical and mental health services, and heightened risk of long-term health harms. Detention for immigration proceedings can last for months and even years. As of June 2025, Immigration and Customs Enforcement (ICE) was holding the highest recorded number of individuals in immigration detention in U.S. history. At more than 59,000 individuals, the population was 140% over the federally funded capacity for 41,500 beds. The detained population is likely to continue to grow given the Trump Administration’s expanded immigration enforcement efforts and the multi-fold increase in funding that Congress has granted ICE to increase detention.

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 healthcare, food assistance, and even reporting crimes, undermining both public safety and public health. The attorneys general argue that the mandatory detention policy only exacerbates this chilling effect.

Undocumented immigrants also 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, research has shown that DHS’s own Alternatives to Detention program costs less than $4.20 per day and is 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, as the constitution provides that the Due Process Clause applies to all persons in the United States.

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 ICE. The report is intended to provide members of the public and policymakers with critical information about the conditions that people in civil immigration detention in California are subjected to.

Attorney General Bonta and New York Attorney General Letitia James 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.

Source: CA . DOJ