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Emigration and immigration

Trump Administration Seeks to Terminate Flores Settlement Agreement

Strategic Insights

— 2 min read

The Trump administration has filed a motion to terminate the Flores Settlement Agreement, a landmark court ruling that has protected migrant children in federal custody since the 1990s. The move, which marks the second attempt by Trump-era officials to dissolve the agreement, is expected to face immediate legal pushback from immigrant and child welfare advocates. The Flores Settlement, named after Jenny Flores, sets crucial limits on how long minors can be held in US Customs and Border Protection (CBP) custody and requires that facilities provide "safe and sanitary" conditions for children.

Key Takeaways:

  • The Trump administration has filed a motion to terminate the Flores Settlement Agreement, a landmark court ruling that has protected migrant children in federal custody since the 1990s.
  • The agreement sets crucial limits on how long minors can be held in US Customs and Border Protection (CBP) custody, with a maximum of 72 hours before being transferred to shelters overseen by the Department of Health and Human Services (HHS).
  • The Trump administration's first attempt to end the settlement in August 2019 was struck down by the 9th US Circuit Court of Appeals in December 2020, which found the government failed to offer an adequate replacement for the protections Flores provides.
  • Children processed by CBP are either released with family members or transferred to HHS shelters, and even with Flores in effect, the government has at times failed to uphold its standards, with reports of inadequate food, water, and sanitation in facilities.
  • Oversight of compliance with the agreement is managed by court-appointed monitors who report to Chief US District Judge Dolly M. Gee in California.
  • A federal judge in January ruled that CBP was not yet ready to resume internal oversight, extending court monitoring for another 18 months.
  • The latest filing from the Trump administration comes amid ongoing political debate over border policy and could set off another lengthy legal battle over the treatment of minors in US immigration custody.

Statistics:

  • 72 hours: the maximum amount of time minors can be held in US Customs and Border Protection (CBP) custody before being transferred to shelters overseen by the Department of Health and Human Services (HHS).
  • 300+: the number of children who had to be moved from a Texas facility in 2019 after reports of inadequate food, water, and sanitation surfaced.
  • 18 months: the extension of court monitoring, granted by a federal judge in January.

Sources:

  • The 9th US Circuit Court of Appeals:

https://www.ca9.uscourts.gov/opinions/20-16801

  • Department of Health and Human Services (HHS):

https://www.hhs.gov/

  • US Customs and Border Protection (CBP):

https://www.cbp.gov/

  • Times of Israel:

timesofisrael.com

timesofisrael.com (for Reprint Rights: timescontent.com)

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