Illinois Attorney General Kwame Raoul has joined a coalition of 20 state attorneys general in filing an amicus brief opposing a new federal immigration detention policy. The brief challenges a DHS policy described as requiring indefinite detention for many people who entered the U.S. without inspection, without the chance to ask for a bond hearing.
The filing says that for decades, people in removal proceedings generally could request a bond hearing while their immigration case was pending. According to the brief, DHS’s new approach removes that opportunity for a group the government says entered without inspection, regardless of individual circumstances.
The brief argues the change would lead to widespread harm. It points to concerns about people being held for months or even years in facilities that are often overcrowded and unsafe, and it says detention of a parent can increase mental health risks for children and worsen economic instability for households.
The coalition also argues the policy could affect public health and public safety. It says fear of detention can discourage immigrant families from seeking health care and food assistance and from reporting crimes, which can undermine community well-being.
Finally, the brief raises cost and access-to-justice concerns. It cites high detention costs to taxpayers and argues DHS alternatives to detention are cheaper while helping ensure court appearances. It also says indefinite detention and transfers to remote facilities can make it harder to reach legal help, reducing the chances of obtaining relief even when someone may be eligible.