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Western Washington federal prosecutors will decline to oppose many ICE detention challenges

The Washington Sun reports federal prosecutors are too stretched to contest many immigration detention challenges, citing about 2,000 habeas petitions.

Published Nov 10, 2026 · 11:12 UTC3 reports

The short version

  • According to The Washington Sun, federal prosecutors in western Washington will decline to appear in many immigration detention challenges against ICE.[The Washington Sun]
  • Acting U.S. Attorney Charles Neil Floyd wrote that large volumes of petitions, often copied from one another, have hampered the government's ability to respond.[The Washington Sun]
  • Under the policy, courts may assume the office is not challenging a detention if no government lawyer appears within seven court days of a scheduling order.[The Washington Sun]
  • In one case, no government lawyer appeared, and a judge ruled the petition unopposed and ordered an asylum seeker released within 24 hours.[The Washington Sun]

Key facts

  • Acting U.S. Attorney Charles Neil Floyd wrote in an Oct. 26 letter to Chief U.S. District Judge David Estudillo that his office will decline to appear in many ICE detention challenges.[The Washington Sun]
  • About 2,000 immigration habeas petitions were filed in western Washington between January 2025 and Nov. 3, according to ProPublica as cited in the reporting.[The Washington Sun]
  • Under the new policy, courts may assume the U.S. Attorney's Office is not challenging a detention if no government lawyer appears within seven court days of a scheduling order.[The Washington Sun]
  • Government lawyers did not appear to oppose the detention petition of Baljit Singh, an asylum seeker from India.[The Washington Sun]
  • U.S. District Judge Tiffany M. Cartwright ruled Singh's case intentionally unopposed and ordered his release within 24 hours.[The Washington Sun]

What remains uncertain

  • The reporting does not establish how many detention cases will ultimately go unopposed under the policy.[The Washington Sun]
  • The 2,000-petition figure is attributed to ProPublica in the reporting and has not been independently verified here.[The Washington Sun]
  • Only The Washington Sun is reporting this development, and the reporting does not indicate whether the policy extends beyond the western Washington district.[The Washington Sun]

Sources

Outlet counts describe coverage, not independent confirmation. Reports may share a wire service or original source.