Massachusetts Attorney General Andrea Joy Campbell has stepped into the national immigration debate, joining forces with a coalition of attorneys general from 19 other states to oppose a new federal directive on immigrant detention. Campbell's office said in a statement obtained by Mass.gov that the Department of Homeland Security’s (DHS) policy, which demands the detention of many undocumented immigrants without a bond hearing, is a violation of due process and federal statutes.
The controversial policy affects those who entered the country without official authorization by eliminating the possibility of posting bond. "Detaining people indefinitely when they pose no flight risk or danger to the public is both inhumane and un-American," stated AG Campbell on Mass.gov. This stance highlights concerns about the policy’s implications for family welfare and state economies, with a no-bond mandate potentially disrupting the lives of millions, particularly children of detainees, who face increased risks of psychological disorders and financial hardship.
Historically, immigrants in removal proceedings had a chance to request a bond hearing, an opportunity now erased for a whole class of individuals under the DHS’s reinterpreted policy. The Massachusetts attorney general emphasized the negative impact that this move could have on immigrant communities. Fear of detention may lead families to avoid essential services, such as healthcare and food assistance, thereby lowering the quality of public safety and health.
The amicus brief, as reported by Mass.gov, also outlines the economic importance of undocumented immigrants, who make up nearly five percent of the U.S. workforce. Their detention undeniably strains local economies and, by extension, the national economy, costing taxpayers billions without proven benefits over less expensive alternatives like DHS's own Alternatives to Detention program, which operates at a fraction of the cost of detaining an individual per day.
The coalition raises another issue: the impact of detention on access to legal representation, particularly when detainees are held in remote locations. According to statements made, such circumstances severely hinder individuals’ legal proceedings. The coalition of attorneys general, which includes representatives from states as diverse as Arizona, New York, and Hawai’i, is pressing the court for the abolition of this DHS policy, underlining the need for due process and individualized assessments in immigration cases.
