Administration's petition to discontinue policy shielding immigrant kids in custody is turned down by the Judge
The Flores Settlement Agreement (FSA), a 1997 legal consent decree that sets minimum standards for the care and timely release of immigrant children in federal custody, remains in effect following a recent ruling by U.S. District Judge Dolly Gee.
In her ruling, Judge Gee denied the Trump administration's motion to terminate the agreement, stating that the government had not shown any new facts or legal changes to justify ending the settlement. This decision comes after the federal government argued that the agreement is hindering their efforts to expand detention space for families, particularly in light of President Trump's tax and spending bill providing billions for the construction of new immigration facilities.
Judge Gee found that the federal government failed to demonstrate that new Homeland Security regulations meet the FSA’s requirements, including the rapid release of minors and proper licensing of family detention centers. The judge noted no changed circumstances or new law since a prior 2019 attempt by the Trump administration to end the settlement, calling the current effort “déjà vu” and reaffirming the agreement's continuing necessity.
The FSA continues to impose vital protections, such as limiting children’s detention length (generally not more than 72 hours in Customs and Border Protection facilities) and requiring licensed, child-appropriate detention conditions. Advocates highlighted ongoing problems holding children beyond time limits and urged the court to maintain independent oversight. Data presented showed some children were held for extended periods exceeding FSA limits as recently as 2021.
Though the Biden administration has partly modified court supervision for some children’s facilities, the core Flores protections remain legally binding. In May, CBP held 46 children for more than a week, including six children held for over two weeks and four children held for 19 days. In March and April, CPB reported that it had 213 children in custody for more than 72 hours, including 14 children, including toddlers, who were held for over 20 days in April.
The U.S. Department of Health and Human Services takes custody of the children after 72 hours. The Flores agreement was the result of more than a decade of litigation between attorneys representing the rights of migrant children and the U.S. government over widespread allegations of mistreatment in the 1980s.
In summary, the Flores Settlement Agreement remains an active and enforceable legal safeguard for immigrant children in federal custody. Judge Dolly Gee’s recent ruling firmly upholds the agreement against the Trump administration’s attempt to end it, emphasizing the agreement’s ongoing importance in protecting the rights and welfare of detained minors.
- The Flores Settlement Agreement, which originated from over a decade of legal battles over allegations of mistreatment of immigrant children in the 1980s, continues to impose vital protections for these minors.
- The Trump administration attempted to terminate the Flores Settlement Agreement in 2019 and recently in 2021, but Judge Dolly Gee, citing lack of new facts or legal changes, denied the motion.
- The case is significant because Judge Gee stated that the government failed to demonstrate that new Homeland Security regulations meet the FSA’s requirements, such as the rapid release of minors and proper licensing of family detention centers.
- Currently, the Biden administration partially oversees some children’s facilities, but the core Flores protections, like limiting children’s detention length, remain legally binding, as evidenced by data showing children held for extended periods beyond the 72-hour limit recently in 2021.
