President Trump’s administration has recently started admitting to judges that it simply can’t defend some of its decisions to detain immigrants. Justice Department lawyers have essentially thrown in the towel, declining to challenge detainees’ claims for release or a bond hearing. According to Politico, they’re telling judges things like “do not have an opposition argument to present” or admitting they couldn’t find enough information to mount a defense.
A Justice Department attorney, in response to a lawsuit in Arizona, candidly wrote, “Undersigned counsel was unable to obtain documentation … sufficient to provide factual support for a response.” The attorney then concluded, “Accordingly, [administration officials] do not oppose the Court ordering Petitioner to receive a bond hearing at this time.”
