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The Hill
24-05-2025
- Politics
- The Hill
Trump administration moves to end protections for child migrants in custody
McALLEN, Texas (AP) — 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 Agreement, largely limit to 72 hours the amount of time that child migrants traveling alone or with family and detained by the U.S. Border Patrol. They also ensure the children are kept in safe and sanitary conditions. Government attorneys called the Flores agreement an 'intrusive regime' that has 'ossified' federal immigration policy. In a motion filed Thursday afternoon, they contend that the agreement is no longer necessary after Congress passed legislation and government agencies enforced policies that also implement standards and regulations called for in the agreement. They also blamed the agreement for increasing the number of migrant children entering the country over the past three decades. 'The FSA itself has changed the immigration landscape by removing some of the disincentives for families to enter the U.S. unlawfully. Unlawful family migration barely existed in 1997,' they wrote. President Donald Trump tried to end the protections during his first term and his allies have long railed against it. A separate court filing, submitted jointly by the administration and advocates, proposes a hearing on July 18 before Chief U.S. District Judge Dolly Gee of the Central District of California. 'Children who seek refuge in our country should be met with open arms — not imprisonment, deprivation, and abuse,' said Sergio Perez, executive director of the Center for Human Rights and Constitutional Law. 'The Trump Administration's move to dismiss this agreement, which prevents the government from imprisoning children in brutal conditions indefinitely, is another lawless step towards sacrificing accountability and human decency in favor of a political agenda that demonizes refugees,' Perez said. 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 HHS, though processing times often go up when the number of people entering increases in a short time 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. 'I've spent years fighting for children in government custody because I've seen the toll detention takes on them — sleepless nights on cold concrete floors with bright lights and no blanket, days or weeks without seeing the sun, untreated illness and injuries, and the unbearable trauma of being separated from siblings, parents or grandparents,' Leecia Welch, the deputy legal director at Children's Rights, said Thursday. Court-appointed monitors provide oversight of the agreement and report noncompliant facilities to Gee. In 2020, a monitor called on the government to stop detaining children as young as a year old in hotels before expelling them to their home countries. Other monitors also found children were held in conditions that exposed them to the COVID-19 virus during the pandemic. CBP 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.
Yahoo
23-05-2025
- Politics
- Yahoo
Trump administration seeks to end basic rights and protections for child immigrants in its custody
The Trump administration is trying to end a cornerstone immigration policy that requires the government to provide basic rights and protections to child immigrants in its custody. The protections, which are drawn from a 1997 consent decree known as the Flores Settlement Agreement, limit the amount of time children can be detained by immigration officials. It also requires the government to provide children in its custody with adequate food, water and clean clothes. The administration's move to terminate the Flores agreement was long anticipated. In a court motion filed Thursday, the justice department argued that the Flores agreement should be 'completely' terminated, claiming it has incentivized unauthorized border crossings and 'prevented the federal government from effectively detaining and removing families'. Donald Trump also tried to end these protections during his first term, making very similar arguments. Related: Ice arrests at immigration courts across the US stirring panic: 'It's terrifying' The move to end protections follows a slew of actions by the Trump administration that target children, including restarting the practice of locking up children along with their parents in family detention. Immigration advocacy groups have alleged in a class-action lawsuit filed earlier this month that unaccompanied children are languishing in government facilities after the administration unveiled policies making it exceedingly difficult for family members in the US to take custody of them. The president and lawmakers have also sought to cut off unaccompanied children's access to legal services and make it harder for families in detention to seek legal aid. 'Eviscerating the rudimentary protections that these children have is unconscionable,' said Mishan Wroe, senior attorney at the National Center for Youth Law. 'At this very moment, babies and toddlers are being detained in family detention, and children all over the country are being detained and separated from their families unnecessarily.' The effort to suspend the Flores agreement 'bears the Trump administration's hallmark disregard for the rule of law – and for the wellbeing of toddlers who have done no wrong', said Faisal al-Juburi of the Texas-based legal non-profit Raices. 'This administration would rather enrich private prison contractors with the $45bn earmarked for immigrant detention facilities in the House's depraved spending bill than to uphold basic humanitarian protections for babies.' The Trump administration in 2019 asked a judge to dissolve the Flores Settlement Agreement, but its motion was struck down. During the Biden administration, a federal judge agreed to partially lift oversight protections at the Department of Health and Human Services, but the agreement is still in place at the US Customs and Border Protection (CBP) and US Immigration and Customs Enforcement agencies. 'Children who seek refuge in our country should be met with open arms – not imprisonment, deprivation and abuse,' said Sergio Perez, executive director of the Center for Human Rights and Constitutional Law. The settlement is named for Jenny Flores, a 15-year-old girl who fled civil war in El Salvador and was part of a class-action lawsuit alleging widespread mistreatment of children in custody in the 1980s. Since the settlement agreement was reached in 1997, lawyers and advocates have successfully sued the government several times to end the mistreatment of immigrant children. In 2018, attorneys sued after discovering unaccompanied children had been administered psychotropic medication without informed consent. In 2024, a court found that CBP had breached the agreement when it detained children and families at open-air detention sites at the US southern border without adequate access to sanitation, medical care, food, water or blankets. In some cases, children were forced to seek refuge in portable toilets from the searing heat and bitter cold.
Time of India
23-05-2025
- Politics
- Time of India
Trump administration seeks to end protections for immigrant children in federal custody
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 Agreement, largely limit to 72 hours the amount of time that child migrants traveling alone or with family and detained by the U.S. Border Patrol. They also ensure the children are kept in safe and sanitary conditions. Government attorneys called the Flores agreement an "intrusive regime" that has "ossified" federal immigration policy. In a motion filed Thursday afternoon, they contend that the agreement is no longer necessary after Congress passed legislation and government agencies enforced policies that also implement standards and regulations called for in the agreement. They also blamed the agreement for increasing the number of migrant children entering the country over the past three decades. Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Binh Tri Dong B: Unsold Furniture Liquidation 2024 (Prices May Surprise You) Unsold Furniture | Search Ads Learn More "The FSA itself has changed the immigration landscape by removing some of the disincentives for families to enter the U.S. unlawfully. Unlawful family migration barely existed in 1997," they wrote. (Join our ETNRI WhatsApp channel for all the latest updates) President Donald Trump tried to end the protections during his first term and his allies have long railed against it. A separate court filing, submitted jointly by the administration and advocates, proposes a hearing on July 18 before Chief U.S. District Judge Dolly Gee of the Central District of California. Live Events "Children who seek refuge in our country should be met with open arms - not imprisonment, deprivation, and abuse," said Sergio Perez, executive director of the Center for Human Rights and Constitutional Law. "The Trump Administration's move to dismiss this agreement, which prevents the government from imprisoning children in brutal conditions indefinitely, is another lawless step towards sacrificing accountability and human decency in favor of a political agenda that demonizes refugees," Perez said. 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 HHS, though processing times often go up when the number of people entering increases in a short time 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. "I've spent years fighting for children in government custody because I've seen the toll detention takes on them - sleepless nights on cold concrete floors with bright lights and no blanket, days or weeks without seeing the sun, untreated illness and injuries, and the unbearable trauma of being separated from siblings, parents or grandparents," Leecia Welch, the deputy legal director at Children's Rights, said Thursday. Court-appointed monitors provide oversight of the agreement and report noncompliant facilities to Gee. In 2020, a monitor called on the government to stop detaining children as young as a year old in hotels before expelling them to their home countries. Other monitors also found children were held in conditions that exposed them to the COVID-19 virus during the pandemic. CBP 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.
Time of India
22-05-2025
- Politics
- Time of India
Trump administration moves again to end longstanding protections for child migrants
The Trump administration filed a motion on Thursday to terminate the Flores Settlement Agreement, a landmark court ruling that has protected migrant children in federal custody since the 1990s. The move marks the second attempt by Trump-era officials to dissolve the agreement, and is expected to face immediate legal pushback from immigrant and child welfare advocates. The Flores Settlement, named after Jenny Flores, a Salvadoran girl whose lawsuit in the 1980s exposed widespread mistreatment of children in immigration detention, sets crucial limits on how long minors can be held in US Customs and Border Protection (CBP) custody. It also requires that facilities provide 'safe and sanitary' conditions for children. Under the agreement, child migrants traveling alone or with family can generally only be held by the Border Patrol for up to 72 hours before being transferred to shelters overseen by the Department of Health and Human Services (HHS). However, spikes in border arrivals often cause delays in this process. The Trump administration first attempted to end the settlement in August 2019, arguing that it hindered enforcement efforts. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like [Click Here] - 2025 Top Trending Search - Local network access Esseps Learn More Undo That motion 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. While the Biden administration modified oversight procedures at HHS in 2023, the Department of Homeland Security, including CBP, remains bound by Flores. Children processed by CBP are either released with family members or transferred to HHS shelters. Even with Flores in effect, the government has at times failed to uphold its standards. In one 2019 case, nearly 300 children had to be moved from a Texas facility after reports of inadequate food, water, and sanitation surfaced. Oversight of compliance with the agreement is managed by court-appointed monitors who report to Chief US District Judge Dolly M. Gee in California. Although CBP was set to resume internal oversight, a federal judge in January ruled it was not yet ready and extended 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.
Yahoo
18-03-2025
- Yahoo
Family of deported child recovering from brain cancer accuses CBP of ‘serious abuses'
A family deported to Mexico while seeking brain cancer treatment for their 10-year-old daughter in Texas has requested an investigation into alleged abuses they claim they faced while in U.S. Customs and Border Protection custody last month. According to a civil rights complaint first obtained by NBC News, the family alleges law enforcement committed 'serious abuses' when it denied medical care to the 10-year-old girl, who is a U.S. citizen. The mixed-status family also alleges they were detained 'in deplorable conditions' before being removed to Mexico, where they say some of their children's lives 'are in peril because of their status as U.S. citizens.' On Feb. 3, the family was stopped by CBP officials at an immigration checkpoint in Texas while they were traveling to an emergency medical appointment for their 10-year-old daughter. During prior trips, the girl's undocumented parents were allowed through the checkpoint after presenting authorities with letters from their daughter's doctors and lawyers. But this time, the parents were told those letters were insufficient. Immigration authorities arrested the parents after they were unable to show legal immigration documentation. The family's attorney, Daniel Woodward, said the parents have 'no criminal history' and were in the process of obtaining T visas, a temporary immigration benefit for victims of human trafficking. The girl's mother told NBC News they arrived in the U.S. from Mexico in 2013 and settled in Texas hoping for 'a better life for the family.' In addition to the couple's 10-year-old daughter, four of their children, ages 15, 13, 8 and 6 — three of whom are U.S. citizens — were with them when they were arrested. Following their arrest, the parents and their five children were taken to a detention facility. They were loaded on a van 24 hours later and dropped on the Mexico side of a bridge. The Texas Civil Rights Project, a legal advocacy and litigation organization representing the family, filed the complaint Monday with the Department of Homeland Security's Office of Civil Rights and Civil Liberties. The 10-year-old isn't the only member of the family who is being treated for a medical condition. The couple's 15-year-old son and 13-year-old daughter both have a serious medical condition, a heart disorder, known as Long QT syndrome, that causes irregular heartbeats and can be life-threatening without proper treatment. In the complaint, the family alleges CBP's medical team knew it had custody of 'three children with complex medical needs, one of whom was complaining of urgent and serious symptoms.' Despite that, authorities failed to transfer the children to a medical facility 'to obtain pediatric medical review.' The complaint alleges this was in violation of the Flores Settlement Agreement, which regulates how minors must be treated in federal immigration custody. 'Twelve hours earlier, [the 10-year-old girl's] parents were so worried about her that they rushed the family towards Houston for emergency care. Instead of granting her that care, CBP forced a child who was still recovering from brain surgery to sleep in a hot, dirty, brightly lit cell,' the complaint reads. The document alleges the children were inappropriately searched during their detention: 'Officers searched each member of the family, including the pat downs of sensitive parts of their bodies. [The] six-year-old … a U.S. citizen, later asked his mom why they touched him 'down there.'' The complaint also alleges that authorities denied the family adequate access to their attorney and threatened them with permanent separation unless the parents signed the deportation order. 'One officer threatened that the government would take away her children and she would never speak to them again,' the complaint alleges. In a statement, a Department of Homeland Security spokesperson called reports of the family's situation 'inaccurate,' because when 'someone is given expedited removal orders and chooses to disregard them, they will face the consequences.' According to the 10-year-old girl's mother, since the family was deported last month, her daughter has been unable to access the follow-up care she needs. The girl still suffers from swelling in her brain and difficulties with speech and mobility on the right side of her body. The mother also told NBC News that all of her children are unable to sleep due to concerns about their safety, having been deported to an area of Mexico where U.S. citizens are often kidnapped. This article was originally published on
