Justice Department Overwhelmed: Why Federal Prosecutors Are Forfeiting Immigrant Release Lawsuits

In a startling admission of systemic failure, federal prosecutors in Seattle and surrounding areas of Washington state are effectively stepping back from legal battles regarding detained immigrants. The reason? A massive flood of department of justice immigrant release lawsuits has left the government without the resources to maintain its defense.

For months, thousands of detainees have turned to federal courts to challenge their detention. This surge has forced the U.S. Department of Justice (DOJ) to respond to an unprecedented volume of filings before judges can rule on releases. However, the Western District of Washington has reached a breaking point, essentially removing itself from the fight.

The Bottleneck: Protracted Litigation and Resource Depletion

The U.S. Attorney’s office recently admitted that the mounting caseload has led to “protracted litigation” that consumes an unsustainable amount of Assistant United States Attorney (AUSA) time. The situation has become so dire that the government is simply unable to keep up with the weekly influx of petitions.

“The USAO unfortunately does not have the available resources, at this juncture, to continue entering AUSA appearances in every one of the dozens of [habeas petitions] filed each week,” wrote Seattle’s acting US Attorney Charles Floyd in a letter to Chief Judge David Estudillo.

How Policy Changes Fueled the Legal Firestorm

This crisis is not an accident but a direct consequence of policy shifts. Early in the current administration’s second term, the process for releasing immigrant detainees was altered. Instead of utilizing immediate resources within the immigration system, detainees—including non-violent individuals held by ICE—were forced to file habeas corpus petitions in federal court.

This shift created a legal bottleneck with staggering numbers:

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• Nearly 100,000 cases have been filed in federal district courts since January 2025.

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• The Western District of Washington alone has handled approximately 2,000 of these cases.

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• Prosecutors report that many petitions are repetitive, yet they still require significant attorney time to investigate and analyze.

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The Legal Fallout: Judges Taking Control

Because the Justice Department is failing to respond to these lawsuits, the power has shifted heavily toward the judiciary. Judges are increasingly granting releases simply because the government offers no factual or legal basis to oppose the petitions.

Federal District Judge Kymberly Evanson highlighted this failure in a recent case, noting that the government’s silence constitutes a “forfeiture of the arguments it could have made.” In some districts, such as Minnesota, judges have become openly critical of the administration’s inability to manage court orders and detention policies.

A System Under Strain

Immigrant rights advocates argue that this chaos is the inevitable result of unlawful detention policies. Mark Fleming, policy director at the National Immigrant Justice Center, stated that these policies have inundated the courts, distracting U.S. attorneys from other critical community matters just to defend questionable ICE detentions.

As the legal battle continues, the eyes of the nation turn toward the Supreme Court, which is currently weighing in on the economic accessibility of legal counsel for immigrant detainees—a factor that could either alleviate or exacerbate this judicial crisis.