The gavel has dropped with a resounding thud in Los Angeles as a federal judge stands firm against the Trump administration’s latest push to overhaul immigration detention rules.
According to The Hill, in a ruling on Friday, U.S. District Judge Dolly Gee denied the administration’s bid to terminate the Flores Settlement Agreement, a nearly 30-year-old policy that sets strict guidelines for the treatment and detention of migrant children in federal custody.
This isn’t a new rodeo for the Trump team, as they previously tried to ditch the agreement back in 2019, only to be rebuffed once again by the courts.
The Flores Settlement Agreement, born out of litigation in the 1980s over the alleged mistreatment of migrant children, was cemented in 1997 to ensure basic standards like food, water, and medical care in licensed shelters.
It also caps detention by U.S. Customs and Border Protection (CBP) at 72 hours before transferring kids to the Department of Health and Human Services (HHS)—a rule the government seems to struggle with, if recent numbers are any indication.
Last week’s hearing, pitting federal attorneys against advocates for immigrant children, culminated in Judge Gee’s decision to keep the agreement intact, much to the chagrin of those hoping for more detention flexibility.
The Trump administration argued they’ve made significant strides since 1997, implementing policies that supposedly align with the agreement and current laws, rendering Flores outdated.
“There is nothing new under the sun regarding the facts or the law,” Judge Gee shot back, suggesting the government’s plea was more of a rerun than a revelation. Call it judicial déjà vu, but she’s not buying the “mission accomplished” narrative.
She even added, “These improvements are direct evidence that the FSA is serving its intended purpose,” essentially telling the feds that progress doesn’t mean you get to tear up the rulebook. If anything, it proves the rules are working—imagine that!
Meanwhile, advocates for migrant children pointed out that CBP is holding kids well beyond the 72-hour limit set by Flores, with court filings showing some downright shocking stats.
In May, 46 children were detained for over a week, with six held for more than two weeks and four for a staggering 19 days—hardly the swift transfer the agreement demands.
Earlier this year, in March and April, CBP reported holding 213 children past the deadline, including 14—some just toddlers—for over 20 days in April alone. If this is compliance, one wonders what noncompliance looks like.
The government, not shy about its goals, is pushing to expand detention capacity for families, even with billions recently allocated for new facilities through a tax and spending bill signed by President Trump.
Yet, government attorney Tiberius Davis lamented, “But currently under the Flores Settlement Agreement, that’s essentially void,” hinting that these pesky protections are cramping their style. Perhaps it’s worth asking if bigger cages are the answer to a broken system.
Plans for new centers, like one in Florida dubbed “Alligator Alcatraz” in a related lawsuit alleging constitutional violations, show the administration’s ambition, but Judge Gee’s ruling keeps the brakes on— for now. Meanwhile, requests from advocates to boost independent monitoring at CBP facilities, currently limited to inspections in El Paso and Rio Grande Valley regions, remain undecided. Turns out, oversight isn’t just a suggestion; it’s a necessity when deadlines are treated like mere guidelines.
