Washington Prosecutors Decline Many Habeas Defenses
The U.S. Attorney's Office for the Western District of Washington says a backlog of immigration habeas cases has left it unable to defend every petition.
Updated on Nov. 10, 2026 in Immigration
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The U.S. Attorney's Office for the Western District of Washington will no longer defend every habeas corpus case, citing a lack of manpower. Acting U.S. Attorney Charles Floyd informed U.S. District Judge David Estudillo by letter, and the office did not specify how many cases will be affected.
Why it matters
Habeas corpus cases involve protracted litigation with numerous hearings, briefings and motions, and a flood of immigration detention petitions has created a backlog. Border czar Tom Homan has said courts are weighed down by about 85,000 immigration habeas cases nationally.
The only quantified figure is the roughly 85,000 immigration habeas cases Tom Homan said are weighing down courts, a figure cited by a federal official rather than an independent count. The office did not say how many of its own cases will be affected, leaving the local scope unresolved.
The players
Charles Floyd
Acting U.S. Attorney for the Western District of Washington, who sent the letter informing the court of the office's decision.
Tom Homan
U.S. border czar who cited about 85,000 immigration habeas cases weighing down the courts.
The details
In a letter to U.S. District Judge David Estudillo, Acting U.S. Attorney Charles Floyd wrote that to conserve resources the office will no longer assume responsibility for providing a defense in many habeas cases. The move follows a backlog that has also prevented prosecutors from handling other unrelated civil litigation.
Timeline
Monday, November 9, 2026: the office announced it would stop defending many habeas cases.
Early November 2026: Tom Homan cited about 85,000 immigration habeas cases.
Big Picture
The office's decision comes as the U.S. Supreme Court prepares to consider whether immigrants are entitled to bond hearings to test their detention. Courts have frequently ruled against the administration in cases filed by tens of thousands of detainees, and the high-court question will determine the legal standard those petitions must meet.
Immigrants held in detention may face longer waits for court rulings, since many habeas petitions may proceed without a government defense. Families of detainees should expect the outcome of individual cases to depend more on the courts than on prosecutors in this district.
The takeaway
Backlogs in habeas litigation are now shaping how quickly immigration detention challenges are resolved, and the pending Supreme Court question on bond hearings will set the standard for many of them.
What happens next
The U.S. Supreme Court will consider whether immigrants have a right to a hearing to determine if they should remain detained.
Further reading
Follow the broader fight over detention and removal in our Immigration coverage.
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