Credited from: CBSNEWS
The Trump administration has taken significant steps to discontinue the Flores Settlement Agreement, a crucial legal framework that has been protecting migrant children in federal custody since the 1990s. Filed on Thursday, the motion seeks to terminate this settlement, which limits detention times for child migrants to 72 hours and mandates that they are held in safe and sanitary conditions. The move reflects a continued effort by Trump-era officials to overhaul immigration policy, despite anticipated legal challenges from child welfare advocates who argue the agreement is essential for protecting minors in custody, according to Indiatimes, Los Angeles Times, and CBS News.
The Flores Settlement is named after Jenny Flores, a Salvadoran child whose legal battle in the 1980s led to its establishment. The settlement details essential rights for child migrants, including access to legal counsel and basic living necessities. It initially only applied to unaccompanied minors but was extended to children detained with parents in 2015, significantly restricting their time in detention facilities to 20 days. However, the ongoing influx of migrants has often complicated compliance with these standards, as seen in previous instances where children were moved from facilities due to inadequate conditions, according to Indiatimes, Los Angeles Times, and CBS News.
The Justice Department's recent filing proposes that Judge Dolly Gee dissolve the settlement entirely, suggesting it has limited the executive branch's ability to manage immigration effectively. This assertion relates to past claims that the agreement incentivizes illegal crossings by families. The original attempt by the Trump administration to end the Flores Settlement in 2019 was blocked by the courts, and now legal representatives for the children affected under this agreement express concerns that key protections are at risk of being eroded under renewed efforts from the government, according to Los Angeles Times and CBS News.
Legal experts warn that the elimination of these protections could lead to "unchecked power" for the government to detain children indefinitely in inadequate conditions without oversight. Attorney Mishan Wroe emphasized that such moves will have serious repercussions on the well-being of children involved. The Justice Department's arguments will be further detailed in a hearing scheduled for July 18, according to Indiatimes, Los Angeles Times, and CBS News.