Story · May 22, 2025

Trump administration seeks to terminate Flores protections for migrant children

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Correction: Correction: On May 22, 2025, the government filed a motion asking the court to terminate the Flores Settlement Agreement. The settlement remains in effect unless and until the court grants that request.

The Trump administration on May 22, 2025, asked a federal court to terminate the Flores Settlement Agreement, the long-running accord that sets baseline standards for the detention of migrant children. The filing does not end the protections on its own. It asks a judge to dissolve the agreement, which has been in place since 1997 and has governed how the government may hold minors in immigration custody.

Flores came out of litigation over the treatment of detained immigrant children and has remained a central constraint on federal custody practices for decades. The agreement is commonly cited in disputes over how long children can be held, what conditions they are kept in, and what steps the government must take when placing them with sponsors or other appropriate custodians. The administration’s motion seeks to change that legal framework, but the rules stay in force unless and until the court approves the request.

The filing fits into the administration’s broader push to tighten immigration enforcement and reduce legal limits on detention policy. Supporters of the motion are likely to argue that Flores has outlived its purpose or ties the government’s hands in ways that make current enforcement harder. Critics, meanwhile, are likely to say the agreement remains necessary because children in custody are especially vulnerable and need enforceable standards rather than promises of better treatment.

Any change will come through litigation, not by executive order. The court will have to decide whether the government has met the legal standard for ending the settlement and whether conditions have changed enough to justify that step. Until then, Flores remains the governing rulebook for the treatment of migrant children in federal custody.

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