Judge Considers Trump Administration Request to End Protections for Immigrant Children
When it comes to immigration law, few policies have had as much impact on children as the Flores agreement. For decades, this legal framework has set minimum standards for the custody and care of immigrant children in the United States. It ensures children are not held indefinitely in unsafe or inhumane conditions. But today, that protection is under direct threat.
Recently, the Trump administration asked a federal judge to dissolve the Flores agreement, claiming it prevents them from fully carrying out their immigration enforcement policies. At the center of this debate is a simple but urgent question: should children in U.S. immigration custody still be guaranteed safe conditions and limited detention times?
What Is the Flores Agreement?
The Flores agreement dates back to the 1990s, following years of litigation over the mistreatment of immigrant children in federal custody. It requires the U.S. government to:
Release children from immigration detention as quickly as possible, generally within 72 hours.
Hold children in safe, sanitary, and appropriate facilities while in custody.
Ensure that children are treated with dignity and care.
In other words, Flores exists to protect children from being warehoused in jails or held indefinitely while their parents’ cases move through the courts. It prioritizes the child’s welfare above government convenience.
Why Is the Trump Administration Challenging It?
The administration argues that Flores prevents them from expanding family detention. Government lawyers claim the agreement makes it “impossible” to hold parents and children together for extended periods. Instead of reforming or investing in child welfare, they are asking the court to end the agreement entirely.
They point to logistical issues, such as closed temporary facilities and policy changes that halted expedited releases. In their view, these challenges justify detaining children longer than 72 hours, sometimes weeks at a time.
To put it simply, the administration wants more freedom to hold children and families for as long as it deems necessary.
Conditions in Custody
Advocates and immigrant rights organizations strongly oppose this request. They have documented troubling conditions in detention centers, including:
Children going days without proper food or clean drinking water.
Toddlers held in crowded cells without sunlight or outdoor access.
Families denied adequate medical care.
Reports describe children living in traumatic, jail-like settings, with some locked up for weeks. These accounts highlight exactly why Flores exists: to ensure that the government cannot sidestep its duty to care for vulnerable children.
What Happens Next?
U.S. District Judge Dolly Gee, who oversees the Flores agreement, has expressed skepticism about ending these protections. She questioned why conditions are deteriorating despite lower numbers of children in custody. As of now, she has not issued a ruling, and the future of Flores remains uncertain.
If the protections were dissolved, the government could detain children indefinitely in large-scale facilities. Advocates warn this would lead to a return to systemic abuse, with children suffering the most.
How Immigrant Families May Be Affected
If you are an immigrant parent or guardian, the Flores agreement may directly affect your family. It determines how long your child can be detained, under what conditions, and what rights they have while in custody. Without Flores, your child’s welfare would rest entirely in the hands of immigration authorities, with far fewer safeguards.
In other words, keeping Flores protections intact is not only about legal technicalities. It is about ensuring your child’s dignity, health, and future.
Update: Federal Court Preserves Protections for Immigrant Children
On August 15, 2025, U.S. District Judge Dolly Gee upheld the Flores Settlement Agreement, denying the Trump administration’s attempt to terminate it. Judge Gee emphasized that although conditions for detained children have improved, this demonstrates how effective Flores is, not that it should be discarded. She wrote, “There is nothing new under the sun regarding the facts or the law,” affirming the agreement’s continued necessity. This ruling ensures that children in federal custody are still guaranteed safe, sanitary conditions, limited detention periods, and oversight protections.
How Harmony Law Can Help
At Harmony Law, we believe every child deserves safety and dignity, no matter their immigration status. Our compassionate immigration attorneys fight tirelessly for families facing detention, deportation, or child custody issues within the immigration system.
If you or your child are caught in the immigration process, don’t face it alone. Contact Harmony Law today. Our attorneys will explain your rights, represent your case with care, and ensure your family is treated with the respect and protection you deserve.
Contact Harmony Law today at (888) 427-1280 to schedule a confidential consultation and safeguard your family’s future.
