As the Trump administration requests a federal court to end key protections for detained migrant children, newly reported conditions show extended detentions in facilities that lack basic sanitary care, medical attention, and oversight. Child advocates warn that harm will increase if the longstanding Flores agreement is ended.
Flores Agreement Faces Legal Challenge Amid Harrowing Detention Reports
The Trump administration has filed a motion in federal court requesting the termination of the Flores Settlement Agreement. This decades-old decree sets minimum detention standards for immigrant children. The case, currently before U.S. District Judge Dolly Gee, follows months of mounting evidence that children are being held in facilities described as unsafe, unsanitary, and devoid of adequate medical care.
A court filing submitted by attorneys for detained migrant children outlines multiple accounts of distress. These include reports of children being denied access to hygiene supplies, placed in overcrowded tents and makeshift shelters, and left without medication for ongoing health issues. In one case, a child developed a severe rash because they could not change their underwear for four days. Another child, who has autism and ADHD, was kept without their prescribed medication. A third child reportedly started self-harming after being confined for a long time.
Government Argues Oversight Interferes with Immigration Enforcement
The Department of Justice claims that the Flores agreement hinders immigration enforcement by giving policy-making power to the courts. In a May court filing, government lawyers argued that the decree is outdated and wrongly limits executive action.
White House officials assert that current detention facilities meet high standards, with one spokesperson describing them as “safe, clean, and lawful.” The administration also maintains that the Flores agreement has incentivized unlawful border crossings. However, immigration attorneys and policy researchers dispute the claim, citing persistent instability and violence in migrants’ home countries as the primary factors.
Deaths in Custody Highlight Need for Protections
Between 2018 and 2019, seven children died in federal custody, raising serious concerns about medical delays and overcrowded facilities. In one notable case, 8-year-old Anadith Danay Reyes Alvarez died after spending nine days in Border Patrol custody in 2023. Her parents provided documentation of her congenital heart disease and sickle cell condition. However, their repeated requests for medical care reportedly went unanswered. Her family has since filed a wrongful death claim.
Advocates cite these cases as proof of systemic neglect, warning that without Flores, accountability will disappear completely. One legal expert emphasized that no federal agency should oversee itself, especially when it involves vulnerable children.
A Growing Divide on the Future of Child Detention Standards
While the Trump administration seeks to eliminate court-mandated oversight, legal challenges continue to mount. A class-action ruling in New Hampshire earlier this month blocked implementation of the administration’s birthright citizenship restrictions — another immigration policy facing constitutional scrutiny.
The Flores agreement has previously withstood attempts by both Democratic and Republican administrations to weaken its reach. In 2016, the Obama administration attempted to exempt accompanied minors from its protections. In 2019, the first Trump administration sought to replace the agreement with expanded family detention rules. Both efforts were struck down in court.
In 2024, the Biden administration partially exited the agreement by removing the Department of Health and Human Services (HHS) from its jurisdiction. That decision followed HHS’s incorporation of Flores standards into its internal regulations.
What’s Next? Court Decision Expected in August
Judge Gee is expected to rule following a hearing on August 8 in Los Angeles. Advocates warn that dissolving the Flores agreement would strip away essential legal protections at a time when enforcement sweeps are increasing and facility conditions are deteriorating.
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Resources:
- https://www.cbsnews.com/news/immigrant-kids-detained-conditions-trump-administration-end-protections/
- https://americasvoice.org/blog/immigration-reform-news-july-28-2025/
- https://x.com/CBSEveningNews/status/1949832216139243953
- https://www.cbsnews.com/news/anadith-danay-reyes-alvarez-8-year-old-migrant-died-border-patrol-custody-family/
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