Immigration habeas corpus has become the main way to challenge ICE detention in Washington state, and federal prosecutors now admit they cannot keep up. At Campos Law Firm, we closely monitor developments in U.S. immigration policy to protect our clients’ rights and future. This is significant news, but it does not mean detained people will be released automatically.
Here is what we know, what we do not know yet, and what you can do.
What Did Washington Federal Prosecutors Say?
Acting U.S. Attorney for the Western District of Washington Charles Neil Floyd sent a letter to U.S. District Judge David Estudillo warning that his office no longer has the resources to defend every habeas petition filed by people held by Immigration and Customs Enforcement (ICE). According to the Associated Press, the office disclosed the change on Monday, November 9, 2026; according to The Washington Sun, the letter is dated October 26 and became public as an exhibit in another case.
Floyd wrote that the large volume of petitions, often copied from other petitions, “has severely impacted the government’s ability to respond,” and that there will be “many habeas cases” in which his office “will no longer assume responsibility” for a defense. He did not say how many cases or how they will be chosen.
For scale: according to ProPublica data cited by The Washington Sun, about 2,000 immigration habeas petitions were filed in western Washington between January 2025 and November 3, 2026. Nationwide, border czar Tom Homan put the figure at about 85,000, the AP reported.
What Is Immigration Habeas Corpus, and Who Can Use It?
A habeas corpus petition is a lawsuit in federal district court (not immigration court) in which a detained person asks a judge to review whether the detention is lawful. In immigration cases, it is filed against the official who has custody, such as the local ICE field office director or the head of the detention facility.
It is important to understand its limits. Habeas does not decide your deportation case or give you status: it only examines whether you can be kept locked up. When the judge rules for the detained person, the usual result is release on conditions or an order for a bond hearing. The removal case continues in immigration court.
It is most often used by people who have been denied a bond hearing, who have been held for a long time without an individual review, or who were re-detained after being released. We covered it in our articles on habeas corpus for migrant children and the DOJ lawsuit against Maryland judges, which also centered on these petitions.
Does This Mean People Detained in Tacoma Will Be Released?
Not automatically. The decision is still up to a judge, who must review each petition. What changes is that, in many cases, the judge will rule without opposition from the government, and according to the AP, judges were already ruling against the government often in these cases.
The Washington Sun reports that under the new practice, the court may treat a petition as unopposed if no government attorney appears within seven court days of a scheduling order. The outlet cites the case of an asylum seeker from India: Judge Tiffany M. Cartwright found the petition “intentionally unopposed” and ordered his release within 24 hours.
Three key caveats:
- It is local: it applies to the U.S. Attorney’s Office for the Western District of Washington, which covers Seattle and Tacoma, home of the Northwest ICE Processing Center. No other office has announced the same.
- It is procedural: it does not change immigration detention law or require ICE to release anyone without a court order.
- Where you are held matters: habeas is filed in the federal court where you are detained, and the law that applies varies. Washington is in the Ninth Circuit, which has required bond hearings; the Fifth and Eighth Circuit appeals courts have ruled the other way. The Supreme Court will take up the issue.
What Can You Do If a Loved One Is Detained in Tacoma or Elsewhere?
- Locate them right away: use the ICE Online Detainee Locator with their full name, country, and date of birth, or their A-number. Write down where they are, because a transfer can change which court has jurisdiction.
- Gather documents: proof of time in the U.S., family, work, any pending application, and the Notice to Appear (NTA), if there is one.
- Ask about bond: find out whether they were denied a bond hearing and why; that denial is often the basis for a habeas petition.
- Do not sign documents you do not understand: especially voluntary departure forms or waivers of hearings.
- Move quickly with an attorney: habeas is technical federal litigation, and a poorly prepared petition can delay release.
Protect Your Immigration Status with Campos Law Firm
Every day in detention matters, and the right path depends on where your loved one is held, their history, and the law in that circuit. We do not make unrealistic promises: we provide serious legal representation backed by preparation and integrity. Our team of immigration attorneys can evaluate whether a habeas petition, a bond request, or another option is the best strategy.
Do not leave your immigration status to chance. Call us today at +1 (844) 922-6767 to schedule a free, confidential consultation in English or Spanish. Campos Law Firm: Legal Solutions in All Areas of Law.
With information from the Associated Press, The Washington Sun and Fox 13 Seattle.
