Attorney General Bonta leads multistate challenge to no-bond immigration detention policy

Rob Bonta, California Attorney General
Rob Bonta, California Attorney General
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California Attorney General Rob Bonta co-led a multistate amicus brief on March 10 in Guerrero Orellana v. Moniz, opposing the Trump Administration’s “no-bond” immigration detention policy that mandates indefinite detention of certain non-citizens without bond hearings.

The issue is significant because the new policy removes the opportunity for individualized consideration for release, affecting immigrants with deep community ties and no criminal history. The coalition argues this violates due process and federal statutes, causing harm to families, communities, and state economies.

“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.”

The brief highlights that many detained individuals face long periods in crowded facilities with inadequate health services. As of June 2025, Immigration and Customs Enforcement held over 59,000 people—140% above funded capacity—according to information provided by Attorney General Bonta’s office. Studies show parental detention increases risks of mental health issues among children and worsens household economic instability. The attorneys general argue that mandatory detention policies worsen these effects.

Undocumented immigrants make up nearly five percent of the U.S. workforce and contribute significantly through taxes and consumer spending. In 2023 alone, undocumented-led households paid almost $90 billion in taxes and contributed nearly $300 billion in spending. The coalition contends that detaining these workers disrupts local economies while costing taxpayers $3.4 billion in 2024—about $152 per detainee per day—compared to less than $4.20 per day for alternatives proven equally effective at ensuring court appearances.

Bonta’s office also points out that indefinite detention limits access to legal representation when detainees are moved far from family or counsel. This reduces chances for legal relief even when eligible under existing laws.

Attorney General Bonta leads the California Attorney General’s office according to the official website. The office serves as California’s chief law enforcement authority focused on enforcing state laws and advancing civil rights initiatives according to its official website. It operates statewide according to its official website as an integral part of California’s executive branch as outlined by state constitution, promoting transparency through tools like OpenJustice for publishing criminal justice data according to its official website.

Looking ahead, Bonta remains committed to defending immigrant rights in California—a state home to nearly 11 million immigrants—and continues efforts such as releasing reports on conditions within immigration detention facilities.



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