Washington U.S. Attorney Drops Defense in Many Immigration Detention Cases
Acting U.S. Attorney Charles Floyd stated his office lacks the staffing to handle the volume of habeas corpus petitions challenging federal immigration detentions.
By Samir Doyle ·
The U.S. Attorney’s Office for the Western District of Washington announced Monday that it will cease defending numerous habeas corpus cases. The office cited a surge in petitions from individuals alleging unlawful detention by federal immigration authorities as the primary reason for the shift in strategy.
Acting U.S. Attorney Charles Floyd detailed the operational strain in a letter to U.S. District Judge David Estudillo. Floyd explained that these cases involve protracted litigation requiring numerous hearings, briefings, and motions. This workload consumes substantial prosecutor resources, leaving the office with fewer personnel to handle other duties.
“Thus, going forward, in order to conserve resources, there will be many habeas cases in which the USAO will no longer assume responsibility for providing a defense on behalf of the respondents,” Floyd wrote. He noted that the current backlog has severely impacted the government’s ability to respond to immigration petitions. This strain has also prevented prosecutors from addressing other unrelated civil litigation.
Floyd did not specify the exact number of cases affected by this new policy. The office will decline to defend many of these matters, allowing judges to rule without government opposition. This procedural change places the burden of proof primarily on the petitioners rather than the government.
Federal judges have frequently ruled against the administration in these disputes. Tens of thousands of detainees have filed arguments claiming illegal holding by U.S. Immigration and Customs Enforcement. Administration officials have expressed frustration with these rulings. Judges and advocates argue that ICE has compromised individual rights during the current hardline immigration enforcement period.
U.S. border czar Tom Homan stated last week on Fox News that courts are weighed down by approximately 85,000 immigration habeas cases. This figure reflects the scale of the legal challenge as the government executes its sweeping crackdown.
Floyd, a former judge, previously advocated with three other Washington judges for prohibiting immigration courts from granting bond to detainees. The U.S. Supreme Court is currently considering whether immigrants living in the United States have a right to a hearing to determine if they should remain detained while challenging potential deportation. Most appeals courts have found that detaining these individuals without a bond hearing violates federal law. This view conflicts with rulings from the 5th and 8th circuits, which hold that immigrants accused of illegal entry must be detained pending their deportation cases.
