Judges say ICE, DOJ leaders are putting rank-and-file lawyers in 'an impossible position' [View all]

Source: Politico

03/10/2026 05:00 PM EDT Updated: 03/10/2026 05:45 PM EDT


Federal judges livid over missed deadlines and outright defiance of their orders in a sea of immigration cases are training their ire on the Justice Department’s political leadership, going out of their way to acknowledge that the rank-and-file lawyers arguing in front of them are sometimes powerless to change the administration’s behavior.

Judges in several states have recently taken pains to separate these attorneys from their bosses in Washington — and from Immigration and Customs Enforcement, which they see as increasingly responsible, and unremorseful, for the rampant violations amid President Donald Trump’s mass deportation push.

The dynamic has crystallized amid a deluge of emergency lawsuits filed by ICE detainees, which have overwhelmed court dockets and frustrated judges — who have overwhelmingly rejected ICE’s detention practices as illegal.

The flood has, in turn, put DOJ’s line attorneys in uncomfortable spots. They’re being thrust into courtrooms without specifics, often asked to defend ICE’s detentions without details and sometimes without being able to reach their ICE counterparts to get information. They’ve missed deadlines and been scolded by judges for offering boilerplate arguments. Some DOJ attorneys have resigned or been fired, further straining understaffed offices.
It’s all coming to a boil in courtrooms across the country.

Read more: https://www.politico.com/news/2026/03/10/court-orders-ice-justice-department-00821241