DOJ To Stop Defending ICE in ‘Many’ Detention Cases
Summary
The U.S. Attorney’s Office for the Western District of Washington says it lacks resources to defend every immigration detention challenge and will stop representing the government in many habeas cases. Acting U.S. Attorney Charles Floyd said the cases have surged and are consuming time needed for other litigation; the letter did not say how many cases would be affected.Key Facts
- Floyd told U.S. District Judge David Estudillo that the office would no longer defend the government in many immigration-related habeas cases.
- Habeas corpus petitions allow people to challenge their detention in court.
- Floyd said dozens of immigration-related habeas petitions are being filed each week.
- The letter said responding to the cases requires prosecutors to prepare status reports, legal briefs, and responses to motions and court orders.
- The letter did not specify how many cases could go undefended.
- A ProPublica tracker cited in the article counted more than 93,000 immigration-related habeas cases nationwide since Trump returned to office in January 2025.
- The article said the Supreme Court agreed in October to review a mandatory detention policy, but the provided text gives no further details.
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