A federal judge is weighing whether to end the Flores Settlement Agreement, the 1997 court order that sets minimum protections for immigrant children in U.S. custody. The Trump administration asked to terminate Flores in May 2025, arguing that new laws and agency rules make it unnecessary.
As of early August 2025, the judge has not issued a ruling. The decision will shape how ICE and CBP hold children, how long they can be detained, and what standards apply inside facilities.

What’s at stake right now
- The Flores Settlement Agreement still applies to ICE and CBP sites as of August 2025.
A 2024 regulation under President Biden ended Flores coverage for HHS/ORR shelters, but court oversight continues for immigration enforcement facilities. -
If the judge grants termination, Flores protections would end across agencies. That could eliminate court-enforced rules on:
- Safe and sanitary conditions
- Limits on detention time
- The requirement to release children “without unnecessary delay”
- Immigration lawyers sued in June 2025 to block termination, citing reports of medical neglect, overcrowding, and prolonged detention of children.
Government and advocates clash in court
The Trump administration argues that Congress and federal agencies now have updated frameworks that make Flores outdated. Supporters of Flores say current conditions show the opposite.
“A lawless step towards sacrificing accountability and human decency in favor of a political agenda that demonizes refugees,” — Sergio Perez, Center for Human Rights and Constitutional Law, on ending Flores.
Removing protections would be “unconscionable,” — Mishan Wroe, National Center for Youth Law, noting babies and toddlers are still being held in harsh conditions.
Why detention numbers matter
- Congress increased detention funding in early 2025.
- ICE reported 57,861 people in custody on June 29, 2025 — a 51% jump from a year earlier — and facilities were operating 45% above capacity.
- Most new beds are in centers run by private prison companies (including CoreCivic and GEO Group), which report higher revenues as family detention expands.
- Crowding makes it harder to meet basic standards — clean water, food, medical care — and raises the risk of longer detention for children.
What Flores requires when in force
- Release children without unnecessary delay to parents, legal guardians, or qualified sponsors.
- Limit child detention, generally to 20 days in most cases.
- Maintain safe and sanitary conditions: adequate food, water, toilets, showers, clean clothes, and access to medical care.
- Allow independent monitoring and ongoing court oversight of facilities.
How recent policy shifts affect children
- Legal representation
- The Trump administration moved in March 2025 to cut legal services for unaccompanied children.
- A federal judge issued a temporary restraining order in April 2025 requiring the government to restore funding.
- Access to counsel remains fragile while litigation continues.
- Sponsor vetting
- New rules require DNA testing and deep checks of all adult household members in a sponsor’s home.
- This discourages non-blood-relative sponsors and is likely to slow placements.
- Information sharing
- An interim final rule issued March 25, 2025 allows ORR to share sponsor information with law enforcement and immigration authorities.
- This reverses a 2024 policy that limited such sharing.
- Families fear that stepping forward could trigger immigration enforcement.
Practical effects if Flores ends
- Detention could last far longer for immigrant children, with decisions left mainly to agency discretion.
- Oversight would likely shift away from federal courts, reducing accountability for conditions inside ICE and CBP facilities.
- Advocates expect more reports of medical neglect, trauma, and regression among children, based on prior monitoring and audits.
Current conditions and reported harms
Lawyers continue to report overcrowding, unsanitary rooms, and delays in medical care. Children describe:
– long waits for showers,
– limited access to clean clothes,
– not enough sleep.
These accounts echo patterns seen in past court filings and monitoring reports. With rising detention numbers, pressure on staff and facilities has grown.
How families and sponsors can prepare now
- Keep documents ready:
- Birth certificates, guardianship papers, and proof of relationship help speed release from custody.
- Expect enhanced vetting:
- Adults in a sponsor’s household may face fingerprinting, background checks, and DNA testing.
- Plan for extra time and legal support.
- Seek legal help:
- Unaccompanied children should try to connect with counsel as early as possible.
- If services are limited at a facility, ask staff for a referral list and contact local legal aid.
Official resources you can use
- Special Immigrant Juvenile (SIJ) status: Can help certain children who suffered abuse, neglect, or abandonment.
- Review USCIS guidance on SIJ and related forms on the USCIS website for current eligibility and filing steps. The agency page contains instructions and links to forms and policies.
- ORR sponsor and placement procedures: Check the Office of Refugee Resettlement website for details on sponsor requirements, home studies, and child welfare standards.
What happens next in court
The judge is considering the government’s termination motion and advocates’ request to keep Flores in place. A ruling could come within weeks or months. If Flores ends, changes might roll out quickly, though appeals could delay full implementation.
As reported by VisaVerge.com, advocacy groups are preparing new challenges and public campaigns should the court remove these protections.
Perspectives from each side
- Government / Trump administration:
- Argues updated laws and agency rules provide enough protection without court supervision.
- Says agency flexibility is needed to manage high numbers.
- Advocates:
- Point to ongoing harm and say Flores is the only effective backstop for safe conditions and prompt release.
- Warn that private prison incentives can work against child welfare.
- Private operators:
- Report increased contracts and revenue from expanded family detention, raising questions about profit motives and oversight.
A snapshot of two common scenarios
- Mother and 7-year-old in a crowded facility:
- Under Flores: they should be released or moved within about 20 days.
- Without Flores: they might face longer detention while paperwork and sponsorship reviews stretch on.
- Unaccompanied 15-year-old seeking a sponsor:
- Current DNA testing and checks of all adult household members can slow placement.
- Without Flores’ monitoring and timelines, the teen may wait longer in a shelter or enforcement facility.
Key takeaways for affected families
- Flores still protects children in ICE and CBP custody today.
- A court decision could change that soon, affecting how long children are held and the conditions they face.
- Keep documents ready, push for legal help early, and follow official instructions for sponsorship to shorten detention time.
If you’re caring for an unaccompanied child and need an official overview of eligibility for humanitarian relief, the USCIS page on Special Immigrant Juvenile classification is a good start. It explains who qualifies, how to apply, and what evidence is needed.
According to analysis by VisaVerge.com, staying informed through official channels and local legal providers is the best way to respond quickly if the court changes the rules.
Until the judge rules, the Flores Settlement Agreement remains a central shield for immigrant children. The outcome will decide whether that shield stays—or is removed—in the months ahead.
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