Washington Prosecutors Step Back From Many ICE Detention Cases
The federal prosecutors’ office serving western Washington plans to stop defending many petitions challenging immigration detention, saying the volume of cases has stretched its staff and disrupted other civil litigation. Acting U.S. Attorney Charles Floyd informed U.S. District Judge David Estudillo of the decision in a letter dated October 2026. The office did not say how many cases would be affected.
The petitions, known as habeas corpus cases, allow people in custody to challenge their detention. Floyd said each case can require extensive court filings and hearings, consuming prosecutors’ time. Going forward, judges will be able to rule on many of the cases without the government presenting a defense.
The move comes amid a sharp rise in immigration detention challenges. A ProPublica tracker counted more than 93,000 immigration-related habeas cases nationwide since President Donald Trump returned to office in January 2025. Judges have repeatedly ruled against the administration in cases brought by people detained by Immigration and Customs Enforcement, with some criticizing the agency over due process and compliance with court orders.
The Supreme Court is set to consider whether certain immigrants must remain detained during deportation proceedings or can seek bond hearings. Most federal appeals courts to address the issue have found that detention without such hearings violates federal law; the Fifth and Eighth Circuits have reached the opposite conclusion. Arguments are expected in early 2027, with a decision anticipated before the court’s term ends that summer.
Resource-Strapped Prosecutors Leave ICE Detention Claims Undefended
Federal prosecutors in Western Washington are stepping back from defending many ICE detention cases because the volume has overwhelmed their capacity. That means judges may decide whether people are being held unlawfully without hearing a government defense—a consequential shift as detainees press claims to basic legal process.
Acting U.S. Attorney Charles Floyd told U.S. District Judge David Estudillo that the cases consume staff time through hearings, filings and responses, and are interfering with other civil litigation. His office has not specified how many petitions it will leave unanswered. A national tracker counted more than 93,000 immigration-related habeas cases since President Donald Trump returned to office in January 2025.
The stakes extend beyond Washington. Judges have ruled against the administration in detention challenges, and some have criticized ICE over due process and court orders. The Supreme Court will review whether certain immigrants can seek bond hearings or must remain locked up while deportation cases proceed. Most appeals courts have found that detention without bond hearings violates federal law, though the Fifth and Eighth Circuits have reached the administration’s view.
The administration’s position is now before the court, but the growing burden of detention litigation is also leaving individual claims without a federal defense. Arguments are expected in early 2027.
Immigration Habeas Surge Forces Washington Prosecutors to Prioritize Cases
A surge of immigration detention lawsuits is consuming federal prosecutors’ time in Western Washington, prompting the U.S. Attorney’s Office to stop defending many cases. Acting U.S. Attorney Charles Floyd told U.S. District Judge David Estudillo that the workload is also impeding unrelated civil litigation; judges will decide many petitions without government opposition.
The change reflects the scale of a nationwide wave of habeas filings. A tracker counted more than 93,000 immigration-related cases since President Donald Trump returned to office in January 2025. Each case can require hearings, briefs and responses, and the office has not said how many it will no longer defend.
The dispute over detention rules is headed to the Supreme Court. The justices will consider whether certain immigrants may seek bond hearings or must remain in custody while deportation proceedings continue. Most appeals courts have concluded that federal law does not permit detention without a bond hearing, while the Fifth and Eighth Circuits have upheld mandatory detention in relevant cases.
That split leaves the administration’s policy under review as prosecutors confront a mounting litigation burden. Arguments are expected in early 2027, with a ruling anticipated by the end of the court’s term.
