In a major victory, on Friday 15 August a US federal court struck down the US federal government’s – via Donald Trump – latest bid to attack migrant children’s rights.
The court win centred round a foundational legal safeguard called the Flores Settlement Agreement that ensures the government respects their basic rights and dignity. Notably, it requires the federal government to treat children in immigration custody humanely, hold them in the least restrictive settings, prioritise release to family, and provide access to basic necessities such as clean water, food, medical care, and safe, sanitary living conditions.
US court reaffirms migrant children’s rights – despite what Trump wants
Friday’s ruling reaffirmed that children – whether accompanied by their families or arriving alone – remain entitled to these basic human rights. The court’s decision preserves critical court oversight. It blocks the government from detaining children indefinitely in inhumane, unlicensed, or dangerous facilities.
US district judge Dolly Gee issued her ruling, finding that:
The Court remains unconvinced. There is nothing new under the sun regarding the facts or the law.
Thus, it is the government that continues to bind itself to the Flores Settlement Agreement by failing to fulfill its side of the Parties’ bargain. In light of the foregoing, the Court again DENIES Defendants’ MTT.
The Flores co-counsel team – including the Center for Human Rights and Constitutional Law (CHRCL), National Center for Youth Law (NCYL), and Children’s Rights – applauded the ruling.
Executive director of the CHRCL Sergio Perez said:
The court’s vindication of Flores is a victory that belongs to each and every immigrant child currently detained by our government.
Children should be free and, barring that, they should be cared for in environments that respect their basic human rights and essential needs. So long as that is not the case, Flores provides an essential avenue for transparency and accountability.
No to indefinite detention and violation of migrant children’s right
This decision comes at a critical moment. Trump and the US are increasingly subjecting migrant children and families to prolonged detention in isolated, prison-like conditions. The government’s attempt to dismantle the Flores Agreement – which it has repeatedly violated – would have thrown the door open to mass, indefinite detention of children without any enforceable standards for their care.
Directing Attorney at the NCYL Mishan Wroe said:
I will never forget meeting with a mother and her two young daughters who described being detained in a cell with over 40 people that was littered with trash and an overflowing toilet. They could not use the bathroom privately, and the girls were struggling to sleep in a crowded cell on the floor with nothing more than a mat and a mylar blanket. These young girls, like all children, deserve safety and dignity.
We are pleased the court understands the value of the Settlement in protecting the rights of children and refuses to allow the government to shirk its basic responsibilities.
Friday’s ruling sends a clear message: migrant children are not invisible. They deserve care, dignity, and full recognition of their human rights.. Strong, enforceable protections under the Flores Agreement remain essential to shield children from the deprivation and distress of immigration detention. These are harms that children themselves have made heartbreakingly clear.
A 16-year-old child ICE detained in a family detention center confided how:
Some things here are really bad – really scary. This place is full of little kids . . . I don’t want any more kids to come here. I don’t like seeing all the kids crying.
Trump cannot be allowed free rein to rip children from their communities
Deputy litigation director at Children’s Rights Leecia Welch said:
At a time when the government seeks free rein to rip children from their communities and detain them for as long as it wishes, I am grateful for the court’s well-reasoned decision to protect the Flores Settlement Agreement from the Trump Administration’s most recent attack.
My colleagues and I have seen the looks of desperation and fear on the faces of children as they describe their captivity in brutal, prison-like settings. Flores is the only thing standing between them and their indefinite detention in ever harsher conditions.
For nearly 30 years, the Flores Settlement Agreement has stood as a cornerstone of legal protections for migrant children. It has ensured state authorities treat them with basic care and dignity.
However, repeated violations underscore the continued need for Flores court oversight. Violations included unlicensed family detention, forced medication of children, and the use of open-air detention sites at the border. Now more than ever, these protections must be defended and strengthened. Without Flores, children would be left entirely at the mercy of a system that has consistently failed them.
As long immigration detention continues to mete out profound harms, Flores co-counsel has said it will remain steadfast in defending their rights. It will continue to hold the government accountable for how it treats children in its custody. It argued that:
this fight to preserve the Flores Agreement is not only about legal protections – it’s about the kind of country we choose to be for the most vulnerable in our care.
Featured image via the Canary
