EXCLUSIVE: Trump's DOJ Overwhelmed by ICE Lawsuits — Federal Prosecutors Admit They Can No Longer Defend Every Detention Case
Trump's Justice Department faces mounting ICE detention lawsuits.
Nov. 10 2026, Published 3:00 p.m. ET
President Donald Trump's Justice Department has acknowledged that federal prosecutors are struggling to keep up with a flood of lawsuits challenging immigration detentions, forcing government attorneys in Washington state to stop defending every case, RadarOnline.com can reveal.
According to a two-page letter obtained by Radar, Acting U.S. Attorney Charles Neil Floyd informed Chief U.S. District Judge David S. Estudillo on October 26 that his office no longer has sufficient resources to assign prosecutors to every immigration-related habeas corpus petition filed against Immigration and Customs Enforcement (ICE).
DOJ Admits Prosecutors Cannot Keep Up
Trump's Justice Department admits federal prosecutors are overwhelmed by dozens of ICE detention challenges filed each week.
The extraordinary admission comes as federal courts face mounting challenges from individuals contesting their detention under the Trump administration's immigration enforcement policies.
In the letter, Floyd revealed that dozens of immigration petitions are being filed every week in the Western District of Washington, placing significant pressure on federal attorneys.
"The USAO unfortunately does not have the available resources, at this juncture, to continue entering AUSA appearances in every one of the dozens of § 2241 Immigration Petitions filed each week," Floyd wrote.
The acting U.S. attorney explained that the growing caseload has affected prosecutors' ability to investigate individual petitions, prepare legal responses, and handle other civil litigation involving the federal government. He also cited the time-consuming demands of filing status reports, responding to motions, and complying with court scheduling orders.
Federal Judges May Rule Without DOJ Response
ICE detention cases could move forward without a government response.
Under the new approach outlined in the letter, prosecutors will continue reviewing immigration petitions but will no longer automatically appear in every case. Instead, the office will decide which petitions warrant direct government representation.
Floyd explained that if prosecutors do not enter an appearance within seven court days of a standard scheduling order, judges may assume the government will not submit a response. The court could then proceed to decide the petition based on the documents submitted by the detainee.
That does not guarantee a detainee's release or mean the government automatically loses the case. The Justice Department also reserves the right to enter proceedings later if officials determine intervention is necessary.
ICE Detention Challenges Put Pressure on Government
Federal prosecutors acknowledge that the growing immigration caseload is straining resources.
The letter raises questions about the federal government's capacity to respond to immigration detention challenges as its enforcement efforts face continued judicial scrutiny.
Floyd acknowledged that the growing number of petitions has also affected the office's ability to respond to unrelated civil litigation.
The change could have significant implications for detainees seeking judicial review of their confinement, particularly in cases where the government chooses not to contest their petitions. However, the letter does not establish how many detainees have been released under the revised procedure.
DOJ Says New Approach Could Speed Up Cases
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Federal judges in Washington state may decide certain ICE detention challenges without a DOJ response under the revised approach.
Despite acknowledging the resource shortage, Floyd presented the change as an effort to streamline proceedings and conserve government resources. He said the revised approach was expected to expedite the resolution of many immigration habeas petitions while providing judges greater discretion.
Where release orders are issued, the court may send them directly to the Northwest ICE Processing Center. The policy described in the letter applies to the Western District of Washington and does not establish a nationwide Justice Department directive.
For now, the government's own correspondence reveals that the volume of ICE detention litigation has become substantial enough to change how federal prosecutors handle cases in one judicial district.
