Federal prosecutors in Washington state stop defending many immigrant detention challenges
Acting U.S. Attorney Charles Floyd says his office lacks resources, so judges may rule on many petitions without hearing the government's side.
The 's Office for western Washington says it no longer has the resources to answer every habeas corpus petition filed by immigrants challenging detention by . Such petitions ask a judge to decide whether a person is held lawfully. In a letter to Chief U.S. District Judge David Estudillo, Acting U.S. Attorney Charles Neil Floyd wrote that the office will not defend "many" cases going forward.
Dozens of petitions reach the district each week. Under the new approach, a judge may regard a petition as uncontested if no government lawyer has appeared seven court days after a scheduling order, and may then decide using only the detainee's filings. Newsweek says the letter did not say how many cases could be affected.
La Opinión reports Floyd said his office will keep reviewing petitions and may step in at times. Judge Tiffany Cartwright has already ordered the release, within one day, of Baljit Singh, an seeker from India, whose petition went unopposed. A ProPublica tracker counts more than 93,000 such cases nationwide since January 2025.
The agreed in October to review the administration's policy of denying to certain immigrants.
- more than 93,000immigration habeas cases filed nationwide since January 2025, per a ProPublica trackerNewsweek
- 1,983habeas petitions filed in the western Washington district, per ProPublicaLa Opinión
- 85,000habeas cases nationwide, by border chief Tom Homan's rough countBreitbart News
- seven court dayswindow after a scheduling order before a petition may be treated as unopposedBreitbart News
Three sides of the story
11 news outlets reported this
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Liberal4 outlets
A federal legal system overwhelmed by detention suits
La Opinión opens with the Trump immigration strategy facing a new problem in court, as prosecutors in western Washington admit they lack staff to defend every ICE detention case. It quotes Floyd's letter saying the large volume of petitions, many copied from others, has seriously hurt the government's ability to respond. It stresses the limits of the change: the office will keep reviewing petitions and may step in, so this is not a full withdrawal.
It follows the case of Baljit Singh, an Indian asylum seeker detained after reaching a Canadian border exit by accident, whom Judge Cartwright ordered freed within 24 hours. It cites ProPublica's count of 93,245 habeas suits and 1,983 in the district, and Homan's figure of about 85,000. It ends by saying the move does not stop ICE detentions or , but exposes a crisis of capacity in the federal system.
Center2 outlets
Prosecutors cite limited resources amid record detention challenges
Newsweek leads with the U.S. Attorney's Office saying it cannot defend every ICE case and will let judges rule on "many" petitions without opposition. It quotes Floyd's letter to Judge Estudillo at length, including that the office will "no longer assume responsibility" for a defense in many cases, and notes the letter did not say how many cases could be affected. It says judges have repeatedly ruled against the administration, and that officials are frustrated while judges who ordered detainees released have faulted ICE for disregarding .
It adds context: Trump telling 60 Minutes his deportation policy "might be too tough," Stephen Miller's promotion to White House chief of staff, and the Supreme Court's coming review of bond hearings. It quotes the ACLU's Michael Tan and a spokesperson.
Newsweek says it has asked Floyd's office and DHS for comment.
Conservative5 outlets
Prosecutors skip cases, judges appointed by Biden grant release
Breitbart News reports that federal prosecutors in western Washington "will no longer defend many cases" brought by detainees seeking release. It dates Floyd's letter to Oct. 26 and says he also told the court it could email release orders directly to the ICE facility in Tacoma. It names Judges Cartwright and Evanson, both described as Biden appointees, as granting unopposed petitions, and has Cartwright writing that she was unaware of any earlier instance of the Justice Department applying its discretion like this.
In Singh's case, Breitbart says, the government had until Nov. 12 to respond, and Cartwright ordered him released five days early. It traces the caseload to a July 2025 ICE memo that closed off bond requests for people picked up years after crossing illegally, and notes that before leading the office Floyd joined other Washington judges in urging that immigration courts be barred from setting bond.
- Liberal outlets did not mentionSupreme Court agreed in October to review the policy of denying bond hearings Reported by Newsweek, Breitbart News
Which side made the stronger case?
We will email you when the story continues. At most one email a day.
All sources: 13 articles from 11 outlets
Liberal (5)
- La Opinión: ICE acumula demandas y fiscales de Trump ya no pueden defender todos los casos de inmigración
- The New Republic: ICE Has Script to Refuse Help to People Looking for Missing Loved Ones
- The Philadelphia Inquirer: ICE targeting sanctuary cities, a new chapter in 40-year history of intimidation and resistance
Center (3)
- Newsweek: ICE Compared to 'Serial Killers' by Farm Union
- Newsweek: DOJ To Stop Defending ICE in ‘Many’ Detention Cases
- The Seattle Times: Cities have a new tactic to block ICE jails: Run out the clock
Conservative (5)
- Breitbart News: Federal Prosecutors Stop Appearing in Many Washington ICE Detention Cases
- Daily Caller: Blue State Illegals Don’t Want To Report Bird Flu Infections For Fear Of Being Arrested By ICE, Union Claims
- The Epoch Times: Washington Prosecutors Say Immigration Cases Strain Resources
- The Washington Times: Justice Department prosecutors can't keep up with influx of immigrant release lawsuits
- Townhall: Democrats Are Calling for the Release of a Nurse Detained by ICE. They're Ignoring This Fact.
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