Immigration Judges in Washington State Influence National Policy

In Tacoma, Washington, four immigration judges made decisions that significantly impacted immigration enforcement across the U.S. This began years before similar national policy changes. The denial of bond for those held on immigration charges has resulted in thousands of lawsuits since July, with allegations of constitutional rights violations.

The Trump administration’s policy faced legal challenges, and an appeals court recently overturned it. Prior to this, two other appeals courts upheld the policy, setting the stage for a possible Supreme Court review. The Tacoma judges had already implemented this practice, basing their decisions on the belief that Congress did not grant them authority to issue bonds.

Judges’ Rationale

Neil Floyd, one of the Tacoma judges, explained that clerks conducted six months of research before the decision that bond was unauthorized by Congress. The judges unanimously agreed on this course of action, considering the decision too significant for individual discretion. The 1996 law in question required detention of ‘applicants for admission,’ which was typically interpreted to affect recent border crossers. However, the Tacoma judges applied it to all held on immigration charges.

The Tacoma judges, including Chief Judge Theresa Scala, John Odell, Tammy Fitting, and Floyd, once practiced as U.S. Immigration and Customs Enforcement attorneys. Despite the policy change, their asylum grant rates exceeded the national average.

Floyd, who left his Tacoma position for a federal advisory role during Trump’s presidency, stated that their interpretation of the law was fair. He emphasized the clarity of the law regarding detention upon seeking asylum at ports of entry.

Backlash and Legal Action

Immigration lawyers in Tacoma were surprised by the judges’ approach, viewing it as a restrictive prosecutorial measure. They discovered no precedent elsewhere and pursued legal action. Matt Adams from the Northwest Immigrant Rights Project highlighted the deviation from precedent.

In March 2025, a lawsuit was filed against the Tacoma judges for ignoring long-standing legal practices. The Justice Department’s Executive Office for Immigration Review, which oversees over 70 immigration courts, did not comment on the issue.

Impact of Policy Shift

The judges’ stance influenced ICE, leading to a significant policy adjustment in July. The agency declared that immigrants present in the U.S. without legal entry were ‘applicants for admission,’ enforcing mandatory detention and opposing bond hearings. The Board of Immigration Appeals supported ICE’s arguments, increasing the detention capacity dramatically.

The number of detained individuals rose to approximately 75,000, with plans to expand to 92,300 beds. Large-scale ICE operations intensified the situation, leading to over 40,000 lawsuits from immigrant detainees in response to increased detentions.

Consequences for Immigrants

Despite the stringent measures, courts have ruled in favor of numerous immigrants, granting releases and requiring bond hearings. For example, Victor Cruz, a Portland handyman, was detained without a warrant and later released after a bond hearing. He had to maintain vigilance due to the risk of re-detention.

On a recent occasion, Judge Fitting conducted bond hearings under federal order. She denied bond to an Oregon-based individual with a previous conviction but approved a $14,000 bond for another with no criminal history, though noting the fragile nature of his legal status.