A federal judge in Los Angeles has rejected the Trump administration’s request to end the Flores Settlement Agreement. This landmark policy has protected immigrant children in federal custody since 1997. The decision highlights the ongoing role of judicial oversight in detention practices and the government’s continued efforts to increase family detention capacity.
Court Upholds Flores Protections
U.S. District Judge Dolly Gee issued a ruling on Friday that denied the Trump administration’s request to terminate the Flores Settlement Agreement (FSA). This agreement, in place for nearly three decades, sets minimum standards for how immigrant children should be treated and established time limits on federal custody.
The decision came after a hearing held one week earlier in Los Angeles. During the hearing, government lawyers argued that improvements in detention conditions made the settlement unnecessary. Judge Gee rejected this argument and concluded that the progress made under the agreement showed its effectiveness, not a reason to eliminate it.
Judge Notes Prior Attempts to End Agreement
Judge Gee compared the current case to earlier attempts to end the settlement, including a 2019 effort made during the first Trump administration. She described the matter as “déjà vu” and reiterated that the law and facts remain unchanged.
In her written order, Gee stated that the Court could deny the government’s motion on that basis alone. She emphasized that while federal agencies have made policy adjustments, the Flores agreement continues to play an essential role in safeguarding children held in custody.
Federal Government Seeks Expanded Detention
Attorneys for the Trump administration argued that the settlement restricts their ability to expand detention space for families. They noted that recent funding legislation included billions of dollars for immigration enforcement and facility construction.
Government lawyers also claimed the settlement prevents the administration from holding families together for extended periods. They argued that new facilities, designed for family detention, cannot be fully utilized while Flores remains in force.
Reports of Overcrowding and Extended Detention
Despite federal standards, data presented in recent filings revealed cases of children being held beyond the agreement’s time limits. In May, CBP detained 46 children for more than one week, including six for over two weeks and four for 19 days.
Reports from March and April showed 213 children were held for more than 72 hours. These figures included toddlers and other young children, prompting advocates to argue that Flores protections remain necessary to prevent prolonged detention.
Advocates Push for Expanded Oversight
Attorneys representing immigrant children have asked the Court to broaden independent monitoring of CBP facilities. Currently, inspections are limited to the El Paso and Rio Grande Valley regions. Legal advocates argue that evidence of violations in multiple facilities justifies extending oversight.
One Florida detention center, dubbed “Alligator Alcatraz,” is the subject of a separate lawsuit alleging constitutional rights violations. Judge Gee has not yet ruled on whether to expand monitoring. However, the request remains under consideration as part of ongoing litigation.
What’s Next? Legal and Policy Implications
Friday’s ruling ensures that the Flores Settlement Agreement continues to govern the treatment of immigrant children in U.S. custody. The decision is a setback for the Trump administration’s attempt to expand detention capacity and extend family detention stays.
When the Biden administration cut back Flores oversight in 2024, advocates contended that a full repeal would jeopardize protections and expose children to dangerous conditions. The ruling demonstrates the continued scope of Flores over federal immigration enforcement policy.
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Resources:
- https://apnews.com/article/immigration-children-trump-court-ruling-4677824d5b2cdf8ba5c4738e21ce48a5
- https://www.cnn.com/2025/08/16/us/judge-denies-trump-administration-flores-settlement-hnk
- https://blog.immigrationquestion.com/news/migrant-children-held-in-unsafe-facilities-as-trump-administration-seeks-to-roll-back-protections/
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