Should undocumented immigrants have the right to a bond hearing instead of facing indefinite detention?
- Yes
- No
- Unsure
In a legal brief filed Wednesday, Sept. 3, the attorneys general argued that the US Department of Homeland Security’s new approach violates due process, harms families, and wastes taxpayer dollars.
The new policy eliminates bond hearings for those who entered the country without inspection, meaning they could be held indefinitely — sometimes for months or years — regardless of individual circumstances. Advocates say the change would impact millions of families nationwide.
“Our nation was founded on the principle of liberty and justice for all,” James said. “DHS is now attempting to rewrite immigration law, erase due process protections, and deny people their most basic constitutional rights. The federal government cannot ignore the law and threaten our nation’s families, communities, and values.”
Concerns Raised
The coalition said the policy could:
Endanger children: Studies show kids with detained parents face higher risks of depression, anxiety, and post-traumatic stress.
Disrupt the economy: Undocumented immigrants make up nearly 5% of the US workforce and contributed almost $90 billion in taxes in 2023. Detaining them unnecessarily, the attorneys general argue, hurts industries like agriculture and construction.
- Waste taxpayer dollars: In 2024, immigration detention cost $3.4 billion — about $152 per detainee per day. Alternatives cost less than $5 per day and are just as effective at ensuring court appearances, the brief noted.
Legal Access At Risk
James and her counterparts also warned that indefinite detention often places immigrants in remote facilities, far from lawyers and family members, making it harder to secure legal relief even when eligible.
The attorneys general are asking the court to strike down the policy and restore the right to bond hearings.
What Do You Think? Should undocumented immigrants facing removal have the right to a bond hearing instead of being detained indefinitely? Sound off in our poll above.
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