The Trump administration filed a motion on Thursday to terminate the Flores Settlement Agreement , a landmark court ruling that has protected migrant children in federal custody since the 1990s. The move marks the second attempt by Trump-era officials to dissolve the agreement, and is expected to face immediate legal pushback from immigrant and child welfare advocates.
The Flores Settlement, named after Jenny Flores, a Salvadoran girl whose lawsuit in the 1980s exposed widespread mistreatment of children in immigration detention , sets crucial limits on how long minors can be held in US Customs and Border Protection (CBP) custody. It also requires that facilities provide “safe and sanitary” conditions for children.
Under the agreement, child migrants traveling alone or with family can generally only be held by the Border Patrol for up to 72 hours before being transferred to shelters overseen by the Department of Health and Human Services (HHS). However, spikes in border arrivals often cause delays in this process.
The Trump administration first attempted to end the settlement in August 2019, arguing that it hindered enforcement efforts. That motion was struck down by the 9th US Circuit Court of Appeals in December 2020, which found the government failed to offer an adequate replacement for the protections Flores provides.
While the Biden administration modified oversight procedures at HHS in 2023, the Department of Homeland Security, including CBP, remains bound by Flores. Children processed by CBP are either released with family members or transferred to HHS shelters.
Even with Flores in effect, the government has at times failed to uphold its standards. In one 2019 case, nearly 300 children had to be moved from a Texas facility after reports of inadequate food, water, and sanitation surfaced.
Oversight of compliance with the agreement is managed by court-appointed monitors who report to Chief US District Judge Dolly M. Gee in California. Although CBP was set to resume internal oversight, a federal judge in January ruled it was not yet ready and extended court monitoring for another 18 months.
The latest filing from the Trump administration comes amid ongoing political debate over border policy and could set off another lengthy legal battle over the treatment of minors in US immigration custody.
The Flores Settlement, named after Jenny Flores, a Salvadoran girl whose lawsuit in the 1980s exposed widespread mistreatment of children in immigration detention , sets crucial limits on how long minors can be held in US Customs and Border Protection (CBP) custody. It also requires that facilities provide “safe and sanitary” conditions for children.
Under the agreement, child migrants traveling alone or with family can generally only be held by the Border Patrol for up to 72 hours before being transferred to shelters overseen by the Department of Health and Human Services (HHS). However, spikes in border arrivals often cause delays in this process.
The Trump administration first attempted to end the settlement in August 2019, arguing that it hindered enforcement efforts. That motion was struck down by the 9th US Circuit Court of Appeals in December 2020, which found the government failed to offer an adequate replacement for the protections Flores provides.
While the Biden administration modified oversight procedures at HHS in 2023, the Department of Homeland Security, including CBP, remains bound by Flores. Children processed by CBP are either released with family members or transferred to HHS shelters.
Even with Flores in effect, the government has at times failed to uphold its standards. In one 2019 case, nearly 300 children had to be moved from a Texas facility after reports of inadequate food, water, and sanitation surfaced.
Oversight of compliance with the agreement is managed by court-appointed monitors who report to Chief US District Judge Dolly M. Gee in California. Although CBP was set to resume internal oversight, a federal judge in January ruled it was not yet ready and extended court monitoring for another 18 months.
The latest filing from the Trump administration comes amid ongoing political debate over border policy and could set off another lengthy legal battle over the treatment of minors in US immigration custody.
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