Federal prosecutors in western Washington have stopped defending many immigration detention cases, leading to a surge in unopposed release orders for detainees. The shift, confirmed by the U.S. Attorney’s office, follows an October 26 letter from Acting U.S. Attorney Charles Neil Floyd to Chief U.S. District Judge David Estudillo, stating the office could no longer handle the volume of habeas corpus petitions filed weekly.
New Policy Sparks Immediate Releases
Under the new arrangement, if prosecutors fail to respond within seven court days, judges may treat petitions as unopposed. This has already resulted in swift releases, including that of Baljit Singh, an Indian asylum seeker, whom Judge Tiffany Cartwright ordered freed five days before the government’s response was even due. Cartwright noted the lack of precedent for the Justice Department’s approach.
Judges Rule on Uncontested Petitions
Over the same weekend, Judge Kymberly Evanson granted another unopposed petition in Seattle, writing that the government had forfeited its arguments by not participating. Both Cartwright and Evanson were appointed by President Biden.
Surge in Detention Challenges
The policy change comes amid a dramatic increase in habeas petitions—nearly 2,000 in western Washington since January 2025, part of a national total exceeding 93,000. The spike followed a July 2025 ICE memo that eliminated bond hearings for certain detainees, forcing them to seek relief in federal court instead.
Legal Split Heads to Supreme Court
Most federal appeals courts have ruled that denying bond hearings violates federal law, creating a circuit split that the Supreme Court agreed in October to resolve. Before becoming acting U.S. attorney, Floyd had joined other Washington judges in arguing against immigration court bond hearings.
Source: www.breitbart.com — https://www.breitbart.com/immigration/2026/11/10/ice-detention-cases-undefended-western-washington/