TACOMA, Wash. — Four immigration judges in Washington state have anticipated a significant transformation in immigration enforcement that challenges long-standing American practices.
The recent denial of bail for many individuals detained on immigration charges has triggered tens of thousands of lawsuits since July, claiming violations of constitutional rights against unlawful imprisonment. This month, the Trump administration faced a legal hurdle when an appeals court dismissed its policy, joining two other appeals courts in disagreement, which raises the likelihood of a Supreme Court review.
In Tacoma, the practice of denying bond has been in effect for several years, with immigration judges at the Northwest ICE Processing Center starting to deny bail in early 2010. Initially, this shift went largely unnoticed, except by immigration lawyers. However, when the Trump administration embraced this legal interpretation last year, it echoed the judges’ earlier reasoning.
Judicial Interpretation of Congressional Intent on Bond
Neil Floyd, the sole Tacoma judge to speak with The Associated Press, noted that clerks undertook a comprehensive review over six months, leading the judges to conclude that Congress never authorized bail for certain immigration detainees.
“This was a significant decision, and it was crucial for us to reach a collective resolution,” said Floyd, who previously served as Seattle’s chief federal prosecutor during President Donald Trump’s tenure.
The judges based their ruling on a 1996 law mandating detention for “applicants for admission” to the U.S. Traditionally, this has been interpreted to apply to individuals who recently entered the country without legal permission. Those who have resided in the U.S. for extended periods fall under a different statute that allows for bond hearings.
Surprisingly, these Tacoma judges, all of whom began their careers as attorneys for U.S. Immigration and Customs Enforcement (ICE), took the lead in altering such a critical aspect of immigration enforcement. Notably, the group includes former Tacoma Chief Judge Teresa Scala, John Odell, Tammy Fitting, and Floyd, who collectively had a success rate for asylum cases that slightly surpasses the national average.
Floyd, who left Tacoma to advise the FBI on immigration law after Trump’s inauguration last year, emphasized that the judges’ interpretation was a matter of legal fairness. “The law is clear: if you enter the United States legally, at a designated port of entry to seek asylum, you may face no detention until a decision is made regarding your status,” he stated.
Immigration attorneys in Tacoma reacted with shock to the judges’ actions, unable to find any similar precedents across the country. “This seems like a blatant attempt by the officials to keep individuals incarcerated,” remarked Matt Adams, an attorney with the Northwest Immigrant Rights Project, which has filed a lawsuit challenging the practice. This case has yet to be scheduled for a trial.
Filed in March 2025, the lawsuit contends that the Tacoma judges disregarded years of established legal precedent. The Justice Department’s Office of Immigration Review, which manages more than 70 immigration courts nationwide, did not provide a comment in response to inquiries.
Administration Adoption of Judicial Precedents
In July, ICE implemented significant policy changes reflecting the Tacoma judges’ opinions, asserting that immigrants who have been in the U.S. for several years are categorized as “admission applicants” and thus subject to mandatory detention if they entered the country unlawfully.
This led to a concerted effort to dispute all bond hearings. In September, the Justice Department’s Immigration Appeals Board, which dictates court policy, sided with ICE’s position.
In the past year, the number of individuals in ICE custody nearly doubled, reaching approximately 75,000 by January. ICE has allocated $38.3 billion for expanding detention capacity to 92,300 beds by the end of November, primarily through the establishment of large “megacenters” capable of accommodating up to 10,000 detainees. Judges indicated that extensive ICE operations have further heightened tensions.
Now, approximately 2 million immigrants face mandatory detention if apprehended, with over 40,000 lawsuits filed by immigration detainees since Trump took office 16 months ago, according to an Associated Press tally.
Real-Life Impacts on Immigrants
Despite the Trump administration’s policies, numerous immigrants have emerged victorious in court. Some federal judges mandate immediate releases, while others refer cases back to immigration courts for bail considerations.
Victor Cruz, a handyman from Portland, Oregon, experienced 24 days of confinement at the Tacoma Detention Center following his arrest by ICE agents without a warrant. An immigration judge later granted him a bail hearing, resulting in his release last October. Cruz successfully won his immigration case in February.
At 56, Cruz cherishes time with his close relatives and enjoys weekends with his grandchildren, keeping a folder of his immigration documents in his vehicle as a precaution against potential future detentions. In his time at the facility, he met others who had been incarcerated for “six or nine months.”
On a recent Friday, Judge Fitting, one of the original Tacoma judges, presided over a bail hearing prompted by a federal judge.
While she denied bail to an Oregon dishwasher with a drunk driving conviction from 2002, she granted a $14,000 bail to another immigrant without a criminal history, acknowledging the complexity of securing legal status.
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Attanasio is a former Associated Press reporter.
