Attorney General Bonta Files Amicus Brief in Support of Due Process Rights of Immigrant Detainees

OAKLAND — California Attorney General Rob Bonta today filed an amicus brief in the U.S. Supreme Court in support of the due process rights of immigrant detainees who are subject to prolonged confinement without a bond hearing. In Genalo v. GM, the respondent is a legal permanent resident who was detained for 21 months, without a bond hearing, pending resolution of his immigration court proceedings. GM has argued that his prolonged detention, without any individualized assessment, violates his Fifth Amendment right to due process, and the Second Circuit agreed. In today’s brief, Attorney General Bonta and the coalition urge the Supreme Court to uphold the due process rights of individuals like GM and ensure that noncitizen residents who do not pose a danger to society or risk of flight are not subject to unreasonably prolonged civil immigration detention while they defend themselves in removal proceedings. 

“California is home to more than 10 million immigrants who are hardworking contributors to our communities and our economy,” said Attorney General Bonta. “The senseless detention — for months on end — of many of these immigrants when they could be released on bond is cruel and unconstitutional. My team has seen firsthand the unacceptable conditions at these facilities. I urge the U.S. Supreme Court to uphold the due process rights of these individuals and put an end to the unnecessary and prolonged mass detention of these individuals while they await the outcome of their cases.”  

In today’s brief, Attorney General Bonta and the coalition urge the Supreme Court to uphold the Second Circuit’s decision, which found that individuals who are deprived of their liberty for unreasonably prolonged periods must be afforded an individualized bond hearing to determine whether continued detention is justified — and that, in such circumstances, the government must demonstrate the need for continued detention by clear and convincing evidence. The coalition highlights: 

• Based on Attorneys Generals' consistent experience across many forms of state-law civil detention and pretrial detention, the government must ordinarily prove the need for such detention, particularly when it is unreasonably prolonged. This consistent state practice is a strong indicator of what is workable and satisfies due process.
• When prolonged detention pending removal proceedings is not necessary to protect the public or ensure a noncitizen’s appearance at future proceedings, such detention unnecessarily and irreparably harms noncitizens, their families, their communities, and their states, which are deprived of their many personal and financial contributions. 

Attorney General Bonta is committed to standing up for California’s immigrant communities and shining a light on the unacceptable conditions at immigration detention facilities across the state. Attorney General Bonta has filed multiple amicus briefs in support of challenges to the Trump Administration’s no-bond policy, which mandates the indefinite detention of vast numbers of other noncitizens, also without the opportunity for a bond hearing. 

Earlier this year, Attorney General Bonta released the California Department of Justice’s (DOJ) fifth report on conditions at immigration detention facilities operating in California. During inspections conducted at the seven immigration detention facilities operating in California last year, DOJ found that conditions had largely worsened as the Trump Administration’s mass deportation campaign has led to overcrowded intake conditions and strained resources, especially around access to medical care and basic food, water, and hygienic needs.

In addition to reporting on DOJ’s findings around conditions at California’s immigration detention facilities, Attorney General Bonta has filed amicus briefs opposing the conditions of confinement at the Adelanto ICE Processing Center, sent a letter to the DHS shining a light on dangerous conditions at the California City Detention Facility, and raised serious concerns with an ICE directive to stop investigating and reporting on the deaths of individuals who die within 30 days after being released from ICE custody.

In filing today’s amicus brief, Attorney General Bonta joins the attorneys general of New York, Arizona, Colorado, Connecticut, Delaware, the District of Columbia, Hawai'i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, Oregon, Rhode Island, Vermont, Virginia, and Washington.