Maryland Attorney General Anthony G. Brown joined a coalition of 20 attorneys general in filing an amicus brief challenging a new DHS policy that mandates indefinite detention of many undocumented immigrants without bond hearings, arguing it violates due process, federal law, and harms families, communities, and state economies.
Per the news release distributed on Wednesday, September 9: “Attorney General Anthony G. Brown has joined a multistate coalition of 19 other attorneys general in filing an amicus brief opposing a new federal policy that mandates indefinite detention of many undocumented immigrants without the opportunity for a bond hearing. In a brief filed in Bautista v. Noem, the coalition challenges the U.S. Department of Homeland Security’s (DHS) reinterpretation of immigration law, arguing it violates due process, federal statutes, and causes widespread harm to families, communities, and state economies.
“DHS’s new policy violates immigration laws and abandons the fundamental principle that every person deserves due process,” said Attorney General Brown. “Immigrants who have lived in the United States for long periods of time and who have no criminal history should be entitled to a bond hearing and not unnecessarily thrown in detention without reason.”
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 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 for months or even years.
As DHS expands its enforcement efforts, millions more immigrants 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. Studies show that the detention of a parent significantly increases the risk of depression, anxiety, and post-traumatic stress disorder in children, while deepening economic instability for entire households. Fear of detention also deters immigrant families from seeking healthcare, food assistance, and reporting crimes, which the attorneys general argue undermines public safety and public health.
Undocumented immigrants make up nearly five percent of the U.S. workforce and play critical roles in industries such as agriculture and construction. In 2023, households led by undocumented workers paid nearly $90 billion in taxes and contributed almost $300 billion in consumer spending. Attorney General Brown and the coalition argue that unnecessarily detaining these workers disrupts the labor force and undermines local and state economies.
The attorneys general also highlight the financial burden on taxpayers. In 2024, immigration detention cost U.S. taxpayers $3.4 billion, averaging $152 per detainee per day. By comparison, DHS’s Alternatives to Detention program costs less than $4.20 per day and is equally effective in ensuring court appearances. They argue that DHS’s shift away from these cost-effective alternatives wastes taxpayer dollars without providing additional benefits.
Additionally, 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 eligible to remain in the country. The coalition asserts that denying individuals the opportunity for a bond hearing contradicts longstanding legal precedent and undermines fundamental due process protections.
The attorneys general emphasize that individualized assessments are standard in both civil and criminal proceedings, and immigrants should not be treated differently simply because of their status. The coalition is urging the court to grant partial summary judgment for the plaintiffs and strike down DHS’s policy.
Joining Attorney General Brown in filing the brief are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawai‛i, Illinois, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, and Washington.”
