California Attorney General Rob Bonta, leading a coalition of state attorneys general, filed an amicus brief with the U.S. Supreme Court arguing that prolonged confinement of immigrants without a bond hearing violates due process rights.
The case, Genalo v. GM, involves a legal permanent resident detained for 21 months pending immigration court proceedings without a bail hearing to assess whether continued detention was justified. The Second Circuit Court of Appeals agreed that prolonged detention without individualized assessment violates Fifth Amendment due process protections.
The coalition is urging the Supreme Court to uphold the lower court's decision and require the government to demonstrate, by clear and convincing evidence, why continued detention is necessary when individuals have been held for unreasonably prolonged periods.
"The senseless detention — for months on end — of many of these immigrants when they could be released on bond is cruel and unconstitutional," said Bonta. "My team has seen firsthand the unacceptable conditions at these facilities."
The coalition argues that state practice in civil and pretrial detention cases typically requires the government to prove why such detention is necessary, particularly when prolonged. Unnecessary prolonged detention harms not only detained individuals and their families but also their communities and states, which are deprived of their contributions, according to the filing.
Earlier this year, the California Department of Justice released a report on conditions at immigration detention facilities, finding that conditions had worsened as the Trump Administration's mass deportation campaign led to overcrowded intake conditions and strained resources, especially around medical care and access to food, water, and hygiene.