A federal judge on Friday rejected the Trump administration’s latest attempt to terminate the Flores Settlement Agreement (FSA), a landmark policy that has safeguarded the rights of immigrant children in U.S. custody for nearly three decades.
U.S. District Judge Dolly Gee, who presides over the Central District of California, issued the ruling a week after hearing arguments from government attorneys and legal advocates for migrant children. In her order, Gee dismissed the administration’s claim that the settlement was outdated, likening the proceedings to a repeat of the administration’s failed 2019 effort to dismantle the agreement.
“There is nothing new under the sun regarding the facts or the law. The Court therefore could deny Defendants’ motion on that basis alone,” Gee wrote, underscoring the federal government’s inability to justify ending the settlement.
The Flores Settlement Agreement: A Legal Cornerstone
The Flores Settlement Agreement, finalized in 1997 after years of litigation, established minimum standards for the care of immigrant children. It requires licensed shelters to provide basic necessities such as food, water, medical care, adult supervision, and sanitary living conditions. Critically, it also restricts U.S. Customs and Border Protection (CBP) from holding minors for more than 72 hours, after which custody transfers to the U.S. Department of Health and Human Services (HHS).
The settlement emerged from allegations of abuse and mistreatment of immigrant minors in federal custody during the 1980s. Over the years, it has become a cornerstone of immigration law and a frequent flashpoint in debates over family detention and border enforcement.
Government’s Argument and Court’s Response
Attorneys for the Trump administration argued that the government has implemented new policies and standards since 1997 that align with the agreement, rendering continued judicial oversight unnecessary. They also contended that the agreement impedes efforts to expand family detention centers, pointing to congressional funding for additional facilities.
But Judge Gee disagreed, noting that improvements in conditions demonstrate the agreement’s effectiveness rather than obsolescence.
“These improvements are direct evidence that the FSA is serving its intended purpose, but to suggest that the agreement should be abandoned because some progress has been made is nonsensical,” she wrote.
Evidence of Ongoing Violations
Advocates for immigrant children presented evidence that CBP continues to hold minors well beyond the settlement’s 72-hour limit. Court filings showed that in May 2025, 46 children were detained for over a week, including four held for 19 days. In March and April, 213 children were reportedly detained past the limit, some for more than 20 days—including toddlers.
Legal advocates argue that these violations demonstrate the government’s ongoing noncompliance and underscore the need for continued judicial oversight.
Broader Legal and Human Rights Concerns
The administration’s push to end Flores comes amid efforts to expand detention space, including facilities such as the Florida center dubbed “Alligator Alcatraz,” where detainees have alleged constitutional violations. Meanwhile, Judge Gee has yet to rule on advocates’ request to expand independent monitoring of detention facilities beyond the El Paso and Rio Grande Valley regions.
While the Biden administration successfully narrowed the scope of Flores last year by ending court supervision once HHS assumes custody of minors, the ruling preserved oversight for facilities housing children with acute needs.
Judge Gee’s latest order reinforces that, despite legislative and administrative changes, the Flores Settlement Agreement remains a binding safeguard against prolonged or inhumane detention of immigrant children.
