Faced with influx, prosecutor in Washington says he lacks resources to defend immigration cases

TACOMA, Wash. (AP) — The U.S. Attorney's Office in the Western District of Washington is struggling to handle an influx of immigration cases, leading it to announce that it will no longer defend some habeas corpus petitions. Acting U.S. Attorney Charles Floyd stated that the office lacks the necessary resources to provide a defense for every case, opting to let judges rule without government opposition.

Habeas corpus cases, which challenge unlawful detention, are particularly resource-intensive, involving numerous hearings, briefings, and motions. Floyd explained that the office must conserve resources to address other civil litigation. The backlog has significantly hindered the government's capacity to respond to immigration petitions, interfering with other legal matters.

Floyd mentioned that the office will refuse to defend many of these cases, though he did not specify the exact number. The administration has faced criticism from judges and advocates who argue that U.S. Immigration and Customs Enforcement (ICE) has violated individual rights, particularly through the enforcement of Trump's hardline immigration policies.

Last week, border czar Tom Homan claimed that there are approximately 85,000 immigration habeas cases tied to a large-scale crackdown by the government. Floyd, a former judge along with three other Washington judges, had previously advocated for barring immigration courts from granting bond to detainees, a matter now under review by the U.S. Supreme Court.

The justices will determine whether immigrants, including those residing in the U.S. illegally, have the right to a bond hearing before their deportation proceedings. While most appeals courts have ruled in favor of finding it unconstitutional to detain immigrants without a bond hearing, conflicting decisions have been made by the 5th and 8th circuits, which hold that immigrants accused of entering and residing in the U.S. unlawfully must be detained while their deportation cases are pending.