The Justice Department (DOJ) Acknowledged that Federal Prosecutors are Struggling to keep up with a flood of Lawsuits Challenging Immigration Detentions, forcing Government Aattorneys in Washington State to Stop Defending every Case. Acting U.S. Attorney Charles Neil Floyd, informed Chief U.S. District Judge David S. Estudillo on 20/26/2026 that His Office No Longer has Sufficient Resources to Assign Prosecutors to Every Immigration related Habeas Corpus Petition Filed against Immigration and Customs Enforcement (ICE). DOJ Admits Prosecutors Cannot Keep Up.
Trump’s (R) DOJ Admits Federal Prosecutors are Overwhelmed by Dozens of ICE Detention Challenges Filed each Week. The Extraordinary Admission comes as Federal Courts face Mounting Challenges from Individuals Contesting their Detention under the Trump Administration’s Immigration Enforcement Policies In the Letter, Floyd Revealed that Dozens of Immigration Petitions are being Filed every week, in the Western District of Washington, placing Significant Pressure on Federal Attorneys.
“The USAO unfortunately does not have the available resources, at this juncture, to continue entering AUSA appearances in every one of the dozens of § 2241 Immigration Petitions filed each week,” Floyd wrote. The Acting U.S. Attorney explained that the Growing Caseload has Affected Prosecutors’ Ability to Investigate Individual Petitions, Prepare Legal Responses, and Handle other Civil Itigation involving the Federal Government. He also cited the Time-Consuming Demands of Filing Status Reports, responding to Motions, and Complying with Court Scheduling Orders.
ICE Detention Cases could move Forward without a Government Response. Under the New Approach Outlined in the Letter, Prosecutors will continue Immigration Petitions, but will No Longer Automatically appear in every Case. Instead, the Office will Decide which Petitions Warrant Direct Government Representation. Floyd explained that if Prosecutors do Not enter an Appearance within Seven Court Days of a Standard Scheduling Order, judges may Assume the Government will Not Submit a Response. The Court could then Proceed to Decide the Petition based on the Documents Submitted by the Ddetainee.
That does Not Guarantee a Detainee’s Release or Mean the Government Automatically Loses the Case. The DOJ also Reserves the Right to Enter Proceedings Later, if Officials Determine Intervention is Necessary. The change could have significant implications for detainees seeking judicial review of their confinement, particularly in cases where the government chooses not to contest their petitions. However, the letter does not establish how many detainees have been released under the revised procedure. DOJ Says New Approach Could Speed Up Cases
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