DOJ Struggles to Defend ICE Detention Cases Amid Surge
WHO:
The Guardian - California U.S. senators Alex Padilla and Adam Schiff and four Democratic members of Congress sent an oversight letter to Homeland Security Secretary Markwayne Mullin and Health and Human Services Secretary Robert F. Kennedy Jr. about an eight-year-old Haitian boy’s safety and whereabouts.
The Guardian - The Haitian Bridge Alliance said the boy attended Fay Elementary School and was in the care of his uncle and cousins after his father was deported.
The Guardian - ICE said it took the boy into custody “out of an abundance of caution and to ensure the child’s safety”; the agency said his uncle could not prove legal guardianship and officials treated him as an “unaccompanied alien child.”
CNN - Seattle’s acting U.S. Attorney Charles Floyd wrote to Chief Judge David Estudillo about the office’s inability to handle every immigration detention case.
CNN - The U.S. Attorney’s Office for the Western District of Washington, Justice Department prosecutors, federal judges, ICE, and detained immigrants are involved in the cases.
CNN - Federal District Judge Kymberly Evanson said the government had offered “no factual or legal basis to rebut” a detainee’s petition and that its failure to oppose it “constitutes forfeiture of the arguments it could have made.”
CNN - Mark Fleming, director of policy at the National Immigrant Justice Center, criticized the administration’s detention policies, saying they had “inundated” federal district courts with habeas petitions and diverted U.S. attorney resources.
Newsweek - The U.S. Attorney’s Office for the Western District of Washington said it lacked resources to defend every case.
ABC News US - The U.S. Attorney’s Office for the Western District of Washington said it lacked staffing to defend every habeas corpus case.
WHAT:
The Guardian - The boy was transferred to the Office of Refugee Resettlement, according to Haitian Bridge Alliance executive director Guerline Jozef.
The Guardian - The lawmakers’ letter asked where the child was, whether his family knew his location, and what agencies were doing to reunite him with them.
The Guardian - The Department of Homeland Security said allegations that ICE took the third-grader into custody for detention were false.
CNN - The Western District of Washington is no longer entering appearances to defend every immigrant detention case; prosecutors are allowing judges to rule without government opposition in some cases.
CNN - Federal prosecutors must respond to habeas petitions before judges can rule, and the Justice Department may also need to follow up in court after a release order.
CNN - Nearly 100,000 immigration detention habeas cases were filed in federal district courts since January 2025, according to ProPublica data; the cases represent hundreds of thousands of detained people awaiting further immigration proceedings.
CNN - The Western District of Washington had about 2,000 such cases, according to ProPublica.
CNN - Floyd said the office lacked resources to enter appearances in “every one of the dozens of [habeas petitions] filed each week.”
CNN - The office said the volume of petitions, often copied from other petitions, impaired its ability to investigate and respond to specific cases and other civil litigation.
CNN - Judges have released many detainees who filed habeas cases; Minnesota courts have also been overwhelmed by the cases.
Newsweek - The DOJ will stop defending ICE in “many” detention cases.
WHERE:
The Guardian - The boy was taken into custody at an immigration appointment in San Diego and transferred to the Office of Refugee Resettlement.
CNN - The cases concern the Western District of Washington, including Seattle and Tacoma; an ICE detention facility in Tacoma is among the facilities holding detainees.
CNN - Immigration detention habeas cases have been filed in federal courts across the country; Minnesota is among the affected districts.
WHY:
The Guardian - DHS said federal anti-trafficking laws required officials to take the boy into care because his uncle could not prove legal guardianship; DHS also said the boy lacked legal immigration status.
CNN - The U.S. attorney’s office cited insufficient staff and resources, and said the litigation “consumes substantial AUSA time.”
CNN - The administration’s policy required detainees, including non-violent immigrants detained by ICE, to seek release through federal habeas petitions rather than receive immediate release resources through the immigration system.
HOW:
CNN - Floyd encouraged the court to email the Tacoma ICE detention facility directly when a detainee is to be released.
CNN - The article says the administration changed its release policy during Trump’s second term, prompting detainees to ask federal judges to approve release through habeas corpus petitions.
(UPDATED November 11, 2026 01:07 UTC)
Washington prosecutors say they lack resources to defend every immigration detention case, leaving some judges without government opposition. ICE took an eight-year-old Haitian boy into custody and transferred him to refugee resettlement. Lawmakers demand answers about his whereabouts and family.
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(UPDATED November 11, 2026 00:03 UTC)
Washington prosecutors say staffing shortages prevent them from defending every immigrant detention case in court. Some cases now proceed without government opposition, and judges have ordered detainees released. Nationwide, a surge in habeas petitions has strained federal courts and prosecutor resources.