Federal Judge Rejects Trump Administration’s Bid to Dismantle Long-Standing Child Protection Policy for Immigrants
A federal judge has denied the Trump administration’s plea to dismantle a policy enacted nearly three decades ago, designed to safeguard immigrant children in federal custody.
On Friday, US District Judge Dolly Gee, based in Los Angeles, made her ruling following a hearing with government representatives and legal advocates for the rights of detained immigrant children. The decision echoes her sentiments from 2019 when she contested the administration’s attempt to terminate the Flores Settlement Agreement under the first Trump presidency.
In her order, Gee stated that no new facts or legal grounds had been presented, thereby justifying the denial of the government’s motion based solely on this premise. The government’s argument hinged upon their assertion that recent changes since 1997, resulting in updated standards and policies for immigrant child custody, were in line with legislation and the agreement itself.
While acknowledging some improvements in detention conditions, Gee emphasized that these developments underscored the necessity of the Flores Settlement Agreement rather than its irrelevance. Attorneys representing the federal government argued that the agreement hindered their endeavors to expand family detention facilities, despite the allocation of billions for new immigration centers through Trump’s tax and spending bill.
The Flores agreement, named after a teenage plaintiff, emerged from over a decade of litigation concerning widespread allegations of mistreatment in the 1980s. The accord dictates standards for licensed shelters, including provisions regarding food, water, adult supervision, emergency medical services, and temperature control. It also caps the detention period for child immigrants at 72 hours, after which custody is transferred to the Department of Health and Human Services.
Last year, the Biden administration managed to partially rescind the agreement. Gee ruled that court oversight could cease upon HHS taking custody, but she granted exceptions for certain facilities accommodating children with more pressing needs.
During the ongoing debate regarding the Trump administration’s effort to completely abolish the Flores Settlement Agreement, advocates raised concerns about prolonged detention periods. In May, Customs and Border Protection (CBP) held 46 children for over a week, with six children detained for more than two weeks and four children detained for 19 days, according to court filing data. In March and April, CBP reported holding 213 children in custody for more than 72 hours, including 14 children—including toddlers—held for over 20 days in April.
The federal government is pursuing the expansion of immigration detention spaces, including plans to build facilities similar to a Florida center colloquially known as “Alligator Alcatraz,” where a lawsuit alleges that detainees’ constitutional rights are being violated.
Judge Gee has yet to rule on the request from legal advocates for independent monitoring of child treatment within Customs and Border Protection facilities, currently only permitted in El Paso and Rio Grande Valley regions. Evidence submitted by plaintiffs indicates prolonged detention times at border facilities that contravene the agreement’s terms.