U.S. Attorney's Office in western Washington says it will no longer defend ICE in many habeas cases
U.S. Attorney's Office for the Western District of WashingtonActing U.S. Attorney Charles Neil Floyd, in a letter for the office to Chief U.S. District Judge David S. Estudillo
Floyd tells the chief judge that the office lacks the resources to enter an appearance in every immigration habeas petition and that, to conserve resources, it will no longer provide a defense for ICE and its officials in many of them. He says the change should speed up the resolution of most petitions.
Responding to
The large volume of immigration habeas petitions filed in the Western District of Washington, often copied from other petitions, has severely impacted the U.S. Attorney's Office's ability to respond to petitions that need attorney time and to other civil litigation against the government.
“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.”
Original text
Where this statement fits
U.S. Attorney's Office in western Washington says it will no longer defend ICE in many detention cases; Judge Cartwright frees a detainee whose petition went unanswered
In an October 26, 2026 letter to Chief U.S. District Judge David S. Estudillo, Acting U.S. Attorney Charles Neil Floyd said the U.S. Attorney's Office for the Western District of Washington does not have the resources to enter an appearance in every one of the dozens of immigration habeas petitions filed each week. He wrote that in many cases the office would no longer defend U.S. Immigration and Customs Enforcement and its officials, and that if no government lawyer appears within seven court days of a scheduling order, the court may rule on the petitioner's papers alone. On November 7, U.S. District Judge Tiffany M. Cartwright treated the petition of Baljit Singh, an asylum seeker from India held at the Northwest ICE Processing Center in Tacoma, as intentionally unopposed and ordered him released within one day. Her order attached Floyd's letter, which made it public. The court entered judgment for Singh on November 9. Floyd says the volume of petitions, often copied from one another, has hurt the office's ability to respond to cases that need attorney time and to other civil litigation. Above the Law senior editor Kathryn Rubino says the Justice Department no longer has the lawyers to handle the detentions its own policy produced.
Source and context
Original text
About this source
Floyd's letter to the chief judge of the Western District of Washington saying the office will no longer defend ICE in many immigration habeas cases, setting a seven-court-day window for a notice of appearance, and saying release orders can be emailed to the Northwest ICE Processing Center. It became public as an exhibit to Judge Cartwright's November 7 order.
Archived copy (opens in a new tab)Before the quotation
Floyd writes that petitions keep arriving in large numbers despite the court's General Order No. 08-26, often copied from other petitions, and that entering an appearance in each case often starts protracted litigation even after a petitioner has been released or received a bond hearing.
After the quotation
He writes that if the office does not file a notice of appearance within seven court days of a scheduling order, the court may assume no response is coming and rule on the petitioner's papers, that release orders can be emailed directly to the Northwest ICE Processing Center, and that the office reserves the right to appear in any case.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
Floyd presents the decision to stop defending many of these cases as a necessary use of limited resources and says it will speed up most petitions, so we labeled it defends or excuses.
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More from this case
Read the full caseKathryn Rubino says the Justice Department no longer has the lawyers to keep up with the mess its own policy created
“There's a second casualty, too: a Justice Department that no longer has the lawyers to keep up with the mess its own policy created.”Read statement
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The Dispute Index. "U.S. Attorney's Office in western Washington says it will no longer defend ICE in many habeas cases". First published: 2026-11-14. Last updated: 2026-11-14. https://disputeindex.com/events/8965-floyd-tells-the-chief-judge-that-the-office