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Trump's no-bond policy for immigrants in custody played out for years in Tacoma, Washington

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Trump's no-bond policy for immigrants in custody played out for years in Tacoma, Washington
News

News

Trump's no-bond policy for immigrants in custody played out for years in Tacoma, Washington

2026-05-26 11:55 Last Updated At:12:10

TACOMA, Wash. (AP) — Four immigration judges in Washington state were years ahead of a sea change in immigration enforcement that has reversed a long American tradition.

The denial of bond for many held on immigration charges has unleashed tens of thousands of lawsuits since July, alleging violations of constitutional rights against illegal confinement. The Trump administration suffered a legal setback this month when an appeals court knocked down its policy after two other appeals courts had agreed with it, setting up a likely showdown at the Supreme Court.

The practice had already played out for years in Tacoma, where immigration judges at the Northwest ICE Processing Center started denying bond early this decade. Few people noticed outside the immigration attorneys there. But when the Trump administration adopted the theory last year, it echoed the judges' reasoning.

Neil Floyd, the only one of the four Tacoma judges who agreed to talk to The Associated Press, said clerks researched the issue for about six months before the judges decided Congress never authorized them to grant bond.

“We made the decision that we were going to do it collectively because it was too big a decision for someone to step out that far on their own,” said Floyd, who became the top federal prosecutor in Seattle during President Donald Trump’s second term.

The judges took their cue from a 1996 law that states that “applicants for admission” to the United States must be detained. The law was long interpreted as affecting people recently crossing the border without legal permission. People living here for years were categorized under a different statute that allowed bond hearings.

The Tacoma judges may seem like unlikely figures to spearhead such radical change. While all four — Theresa Scala, the chief Tacoma judge at the time; John Odell; Tammy Fitting; and Floyd — started their careers as U.S. Immigration and Customs Enforcement lawyers, they each granted asylum at rates slightly higher than the national average.

Floyd, who left Tacoma after Trump took office last year to advise the FBI on immigration law before moving to his current position, said the judges' conclusion was a matter of fairness based on the law.

“It is the right interpretation of the law, and it’s the only fair one, because if you enter the United States the right way, by coming and knocking on the door to ask for asylum at a port of entry, the law is 100% clear,” Floyd said. “And it has been from the beginning that you are detained until we decide whether or not we’re going to let you in.”

Immigration lawyers in Tacoma were stunned. They scoured the nation for anything similar and found nothing.

“It was from our perspective, a pretty blatantly prosecutorial push to keep people locked up,” said Matt Adams, an attorney for Northwest Immigrant Rights Project, which sued over the practice. The case has not yet been scheduled for trial.

The lawsuit, filed in March 2025, alleges that the Tacoma judges ignored decades of precedent.

The Justice Department’s Executive Office for Immigration Review, which operates more than 70 immigration courts nationwide, did not respond to requests for comment.

In July, ICE announced a major change that mirrors the Tacoma judges' view, stating that immigrants who have been in the U.S. for years are “applicants for admission” if they didn’t enter the U.S. legally and, as a result, were subject to mandatory detention.

It began arguing against all bond hearings. The Justice Department’s Board of Immigration Appeals, which sets policy for courts, agreed with ICE’s arguments in September.

The number of people in ICE custody roughly doubled last year, peaking at about 75,000 in January. ICE plans to spend $38.3 billion to increase detention to 92,300 beds by the end of November, largely by opening warehouses, or “megacenters,” that house up to 10,000 people each. Judges say massive ICE raids have compounded the strain.

Once eligible for bond consideration, some 2 million immigrants now face mandatory detention if arrested. Immigrant detainees have filed more than 40,000 lawsuits since Trump returned to office 16 months ago, according to an AP tally.

Despite the Trump administration's stance, many immigrants have succeeded in the courts. Some federal judges have ordered immediate freedom, while others send cases back to immigration court for bond hearings.

Victor Cruz, a handyman in Portland, Oregon, spent 24 days in the Tacoma detention center after ICE agents arrested him without a warrant. An immigration judge granted him a bond hearing, and he was released in October. He won his immigration case in February.

Cruz, 56, has U.S. citizens in his immediate family and spends weekends playing with his grandchildren. He keeps a folder in his car with all his immigration documents, wary that immigration authorities could detain him again. He said that he met people in detention who had “been there six months, nine months.”

On a recent Friday in Tacoma, Fitting — one of the original four judges — held bond hearings under orders of a federal judge.

She denied bond for an Oregon dishwasher with a 2002 drunken-driving conviction. But she granted $14,000 bond to another immigrant with no criminal record, while saying that his pathway to legal status is tenuous.

Attanasio is a former Associated Press reporter.

In this image made from video, former immigration judge and current First Assistant United States Attorney Charles Neil Floyd speaks during an interview, Feb. 6, 2026, at the Western District of Washington offices in Seattle. (AP Photo/Cedar Attanasio)

In this image made from video, former immigration judge and current First Assistant United States Attorney Charles Neil Floyd speaks during an interview, Feb. 6, 2026, at the Western District of Washington offices in Seattle. (AP Photo/Cedar Attanasio)

In this image made from video, former immigration judge and current First Assistant United States Attorney Charles Neil Floyd speaks during an interview, Friday, Feb. 6, 2026, at the Western District of Washington offices in Seattle. (AP Photo/Cedar Attanasio)

In this image made from video, former immigration judge and current First Assistant United States Attorney Charles Neil Floyd speaks during an interview, Friday, Feb. 6, 2026, at the Western District of Washington offices in Seattle. (AP Photo/Cedar Attanasio)

Immigrants from Portland, including Victor Cruz, center right, in the gray hooded sweatshirt, embrace family members after being released on bond in Tacoma, Wash., Friday, Nov. 7, 2025. (AP Photo/Cedar Attanasio)

Immigrants from Portland, including Victor Cruz, center right, in the gray hooded sweatshirt, embrace family members after being released on bond in Tacoma, Wash., Friday, Nov. 7, 2025. (AP Photo/Cedar Attanasio)

WASHINGTON (AP) — Defense Secretary Pete Hegseth dug in for a fight Tuesday against his potential impeachment in Congress, telling reporters that a rogue lawmaker is targeting him over “policy disagreements” and not the high crimes or offenses the nation’s founders intended.

The embattled Pentagon chief spoke at his first press briefing from the five-sided building in six months, launching a counteroffensive against outgoing Rep. Thomas Massie’s effort to impeach him over his handling of the unpopular war against Iran and other actions.

“In the 250 years of our American republic, no Secretary of War or Secretary of Defense has ever been impeached for carrying out lawful military operations,” Hegseth told reporters.

The briefing was Hegseth’s first since May even as the U.S. military has kept up intermittent operations against Iran as well as fatal strikes on alleged drug-smuggling boats in Latin America.

Rep. Thomas Massie, a Kentucky Republican who lost his primary to a Trump-backed opponent, filed the impeachment resolution in the House on Monday. It sets the stage for a dramatic vote on whether to remove a prominent Trump administration figure following sweeping losses for Republicans in last week's midterm elections that many at least partly blamed on the Iran conflict and its economic impact.

The resolution largely focuses on the war in Iran but also includes references to Hegseth’s role in military actions in Yemen against Iranian-backed Houthi rebels and Venezuela. Massie said Hegseth’s actions amount to “high crimes and misdemeanors” and his leadership at the Pentagon “warrants impeachment.”

A vote in the House could come by midweek, putting pressure on Republicans — many of whom blamed their election wipeout on the Iran war — but next steps are highly uncertain.

Trump has backed Hegseth, pointing to the raid to capture then-Venezuelan President Nicolás Maduro in January as well as military operations against Iran that he asserts have “obliterated” its navy and air force.

Iran, however, has been able to keep striking U.S. military bases in the Middle East and has disrupted shipping in the Strait of Hormuz during the course of the more than 8-month-old conflict, driving up global oil prices. Trump told reporters Monday that the Iran war “militarily is effectively over" and repeated his often-made claim that Iran “would love to make a deal.”

Hegseth also has been defending his stewardship of the U.S. military.

“There’s a lot of politically motivated people who may have substantial policy disagreements, but their disagreements are with success,” he told reporters Monday after a speech at the Naval War College in Rhode Island. He added that “if we want to litigate” the military actions that the Trump administration has taken, “I’m happy to do it all day long.”

He also released a video on social media last week that argued impeachment would be “all about the politics of personal destruction” and that “won’t work with me. You can rest assured of that.”

Afterward, scores of Pentagon political appointees posted images of Hegseth emblazoned with the words, “Stand. Fight. Defend the Republic.”

Sean Parnell, the Pentagon’s top spokesman, released a statement saying that “despite threats of sham witch hunts from Democrats,” Hegseth is “100% committed to leading the Department until the end of President Trump’s term in office.”

Defense Secretary Pete Hegseth speaks during a press conference at the Pentagon in Washington, Tuesday, Nov. 10, 2026. (AP Photo/Nathan Howard)

Defense Secretary Pete Hegseth speaks during a press conference at the Pentagon in Washington, Tuesday, Nov. 10, 2026. (AP Photo/Nathan Howard)

FILE - Defense Secretary Pete Hegseth speaks at an event for Anduril Industries, Inc., at Sparrows Point Shipyard, Oct. 6, 2026, in Sparrows Point, Md. (AP Photo/Julia Demaree Nikhinson, File)

FILE - Defense Secretary Pete Hegseth speaks at an event for Anduril Industries, Inc., at Sparrows Point Shipyard, Oct. 6, 2026, in Sparrows Point, Md. (AP Photo/Julia Demaree Nikhinson, File)

FILE - Secretary of Defense Pete Hegseth waits to welcome Britain's Defense Secretary Wes Streeting to the Pentagon during an arrival ceremony, Thursday, Oct 15, 2026, in Washington. (AP Photo/Manuel Balce Ceneta, File)

FILE - Secretary of Defense Pete Hegseth waits to welcome Britain's Defense Secretary Wes Streeting to the Pentagon during an arrival ceremony, Thursday, Oct 15, 2026, in Washington. (AP Photo/Manuel Balce Ceneta, File)

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