Trump administration seeks to end protections for immigrant children in federal custody
- Share via
McALLEN, Texas — The Trump administration is seeking to end an immigration policy cornerstone that since the 1990s has offered protections to child migrants in federal custody, a move that will be challenged by advocates, according to a court filing Thursday.
The protections in place, known as the Flores Settlement, largely limit to 72 hours the amount of time that child migrants traveling alone or with family are detained by the U.S. Border Patrol. They also ensure the children are kept in safe and sanitary conditions.
President Trump tried to end the protections during his first term and his allies have long railed against it. The court filing, submitted jointly by the administration and advocates, says the government plans to detail its arguments later Thursday and propose a hearing on July 18 before U.S. District Judge Dolly Gee.
A federal judge temporarily reinstated a program providing lawyers for 26,000 children. Nonprofits representing the children had already begun laying off staff.
The settlement is named for a Salvadoran girl, Jenny Flores, whose lawsuit alleging widespread mistreatment of children in custody in the 1980s prompted special oversight.
In August 2019, the first Trump administration asked a judge to dissolve the agreement. Its motion eventually was struck down in December 2020 by the 9th U.S. Circuit Court of Appeals.
Under the Biden administration, oversight protections for child migrants were lifted for the U.S. Department of Health and Human Services after new guidelines were put in place last year.
The Department of Homeland Security is still beholden to the agreement, including Customs and Border Protection, which detains and processes children after their arrival in the U.S. with or without their parents. Children then are usually released with their families or sent to a shelter operated by Health and Human Services, though processing times often go up when the number of people entering increases in a short period.
Even with the agreement in place, there have been instances where the federal government failed to provide adequate conditions for children, as in a case in Texas where nearly 300 children had to be moved from a Border Patrol facility following reports they were receiving inadequate food, water and sanitation.
Court-appointed monitors provide oversight of the agreement and report noncompliant facilities to Gee. Customs and Border Protection was set to resume its own oversight, but in January a federal judge ruled it was not ready and extended the use of court-appointed monitors for another 18 months.
Gonzalez writes for the Associated Press.
Sign up for Essential California
The most important California stories and recommendations in your inbox every morning.
You may occasionally receive promotional content from the Los Angeles Times.
More From the Los Angeles Times
Podcasts
L.A. Times reporter Liam Dillon joins us to talk about where we are in the moment as residents assess the path forward.
Alexis Linkletter & Madison McGhee unpack the chaotic Justin Baldoni vs. Blake Lively lawsuit, separating fact from fiction, and its career impact.
Sammy Roth visits Ioneer’s proposed Rhyolite Ridge mine in Nevada with managing director Bernard Rowe, who details responsible lithium/boron extraction and Tiehm’s buckwheat protection.
