The U.S. Attorney's Office for the Western District of Washington announced on Monday that it no longer possesses sufficient staff to defend every habeas corpus case involving federal immigration detention. In a move designed to conserve limited resources, the office stated it will allow judges to make rulings in many of these cases without the government presenting a formal defense.
Acting U.S. Attorney Charles Floyd explained the decision in a letter addressed to U.S. District Judge David Estudillo. Floyd noted that these habeas corpus cases often lead to protracted litigation. The process involves numerous hearings, briefings, and motions that significantly consume the time and energy of prosecutors.
In the correspondence, Floyd wrote that to preserve resources, the office will no longer assume responsibility for providing a defense on behalf of the respondents in many habeas cases. He emphasized that the current backlog has severely impacted the government's ability to respond to immigration petitions. This strain has also prevented prosecutors from handling other unrelated civil litigation. Floyd did not specify the exact number of cases that would be affected by this new approach.
The announcement comes amid a broader legal trend where judges have frequently ruled against the administration in cases filed by tens of thousands of detainees. These individuals argue that they are being held illegally by U.S. Immigration and Customs Enforcement. The situation has been a source of considerable frustration for administration officials, as well as for judges and advocates who contend that ICE has trampled on individual rights during the Trump administration's hardline immigration agenda.
The volume of litigation has become a significant burden on the court system. Last week, U.S. border czar Tom Homan told Fox News that courts have been weighed down by approximately 85,000 immigration habeas cases. This surge in filings coincides with the government's sweeping crackdown on immigration.
Floyd, who is a former judge, has previously taken a stance on related legal issues. Along with three other Washington judges, he advocated for prohibiting immigration courts from granting bond to detainees. This specific question is now before the U.S. Supreme Court for review.
The Supreme Court is considering whether immigrants who have been living in the United States have a right to a hearing to determine if they should remain detained while challenging their possible deportation. This legal question sits at the center of the current immigration dispute.
Lower courts have issued conflicting decisions on this matter. Most appeals courts that have considered the issue have found that it violates federal law to detain immigrants, including those living in the country illegally, without a bond hearing. These decisions conflict with rulings from the 5th and 8th circuits. Those specific circuits held that immigrants accused of illegally entering and remaining in the U.S. must be detained while their deportation cases are pending.
