The Biden administration is making a significant move to partially terminate a nearly three-decade-old agreement that has governed the care of migrant children in U.S. custody. On July 1, 2024, U.S. District Judge Dolly Gee in Los Angeles will review the administration’s petition to end special jurisdiction over child migrant custody conditions at the U.S. Health and Human Services Department (HHS).
This hearing comes just days before the implementation of new safeguards that the administration claims meet and exceed the standards set forth in the 1997 Jenny Flores settlement. The Flores agreement, named after a child immigrant from El Salvador, has been a cornerstone of U.S. policy, mandating the swift release of children in custody to family members within the country and establishing standards for licensed shelters.
The administration aims to terminate the Flores agreement at HHS but maintain it for the Department of Homeland Security. This would preserve key elements of the agreement, such as the 20-day limit on holding unaccompanied children and parents traveling with a child.
Child migrant advocates strongly oppose the move to roll back court supervision. They argue that the federal government’s failure to establish a regulatory framework in states that have revoked licenses for facilities caring for child migrants leaves a significant gap in oversight. Texas and Florida, led by Republican governors critical of recent migration trends, revoked such licenses in 2021.
The Justice Department counters that new safeguards, effective July 1, will require shelters to adhere to state licensing standards, even if unlicensed, and will increase site visits to ensure compliance.
This development comes amid a surge in unaccompanied children at the border. Last year, arrests of children traveling alone at the Mexican border exceeded 130,000. The vast majority of these children are released to close relatives while their immigration cases are processed.
The case highlights the ongoing challenges in managing the care of migrant children and the complex interplay between federal policies, state actions, and court oversight. As the hearing approaches, stakeholders on all sides are closely watching for potential shifts in the longstanding framework governing the treatment of child migrants in U.S. custody.
Citations:
[1] https://apnews.com/article/flores-child-migrants-biden-immigration-custody-border-03f021e918f031dec4e4e653b5996362
[2] https://apnews.com/article/immigration-border-flores-migrant-children-cadd28858ad8c35f2cee98e09ca7bcc3
[3] https://www.cfr.org/backgrounder/us-detention-child-migrants
[4] https://www.reuters.com/legal/biden-administration-wins-partial-nix-court-pact-child-migrant-detention-2024-07-01/
[5] https://www.usnews.com/news/politics/articles/2024-06-21/federal-judge-to-consider-a-partial-end-to-special-court-oversight-of-child-migrants
[6] https://www.americanoversight.org/investigation/conditions-in-migrant-detention-centers
[7] https://immigrantjustice.org/research-items/explainer-final-regulations-care-unaccompanied-children-federal-custody-0
Last modified: June 20, 2025
