If you've been tracking the chaotic world of US immigration policy lately, you know things are moving fast. It's almost hard to keep up. Just when we thought certain legal precedents were settled, they’re back on the chopping block. Case in point: the Trump administration again seeks to end the Flores Settlement Agreement, a move that has sparked a massive legal firestorm in early 2026.
Honestly, this isn't just some boring courtroom technicality. It’s the "Constitution" for how the US treats immigrant kids. For nearly thirty years, it’s been the only thing stopping the government from locking up children indefinitely. And now? The DOJ is back in court, trying to rip it up.
The Current Battle Over the Flores Settlement Agreement
So, what’s actually happening right now? Basically, the Department of Justice filed a major motion to terminate the agreement, arguing it’s outdated. They claim that because the government has created its own new regulations—the Federal Rulemaking Standards (FRS)—the old 1997 settlement isn't needed anymore.
But here is the kicker. In August 2025, U.S. District Judge Dolly Gee basically told the administration "not so fast." She denied their request, saying the government still hasn't shown they can actually follow their own rules, let alone the court's rules. But that hasn't stopped the push. The administration is doubling down, fueled by a massive $45 billion detention budget approved in late 2025.
You see, the Trump administration again seeks to end the Flores Settlement Agreement because they want to expand "family detention." They call it "promoting family unity." Critics? They call it a loophole to keep kids in jail-like facilities for months instead of weeks.
Why the 20-Day Rule Matters
Most people don't realize that under Flores, the government generally can't keep kids in immigration detention for more than 20 days. It's a hard cap.
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- The 20-day limit: Designed to prevent long-term trauma.
- The "least restrictive setting": Kids should be in places like shelters, not cells with Mylar blankets.
- Access to basics: Clean water, edible food, and a place to sleep that isn't a concrete floor.
If the administration succeeds in killing the agreement, that 20-day limit disappears. We’re talking about potentially months of detention for a seven-year-old. In fact, reports from December 2025 already showed ICE admitted to holding hundreds of kids way past that 20-day mark—some for over five months.
A History of Trying to "Kill" Flores
This isn't the first time we've seen this movie. Back in 2018 and 2019, the first Trump administration tried the exact same thing. They argued that the "surge" at the border created an emergency that made Flores impossible to follow.
They lost back then. The courts said you can't just ignore a binding legal settlement because it's inconvenient.
But in 2026, the strategy has shifted. The administration is pointing to a 2022 Supreme Court case, Garland v. Aleman-Gonzalez, to argue that lower courts don't have the power to issue "class-wide" injunctions against certain immigration policies. It’s a geeky legal point, but it’s their biggest weapon right now. They’re trying to use the Supreme Court’s conservative tilt to bypass Judge Gee altogether.
Real-World Conditions in 2026
If you think this is just about paperwork, look at what’s happening in the facilities. In June 2025, legal monitors—who only have access because of Flores—found some pretty grim stuff. We’re talking about adults and children fighting over clean water in Texas facilities.
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Without Flores, those monitors lose their "golden ticket" to enter these buildings. The transparency goes poof.
It's kinda scary when you think about it. If the government is the only one watching the government, how do we know what’s happening to those kids?
What the "One Big Beautiful Bill" Changed
A lot of this current push is tied to the "One Big Beautiful Bill" (OBBBA) passed last year. It poured billions into reopening detention centers like Karnes and the South Texas Family Residential Center.
The bill actually includes language that tries to legally override the Flores protections. It's a pincer move:
- Legislation: Pass laws that fund and "authorize" indefinite detention.
- Litigation: File motions to end the court oversight that says you can't do that.
The Counter-Argument: Why the Government Wants Out
To be fair, let’s look at the administration's side. They argue that Flores acts as a "magnet." Their logic is that if parents know they’ll be released within 20 days because they have a child, they’ll keep coming.
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"We need the ability to hold families until their cases are finished," is the standard line from the DHS. They claim their new facilities are "high standard" and provide education and medical care. They basically want to run their own show without a judge looking over their shoulder every five minutes.
But advocates like the National Center for Youth Law say that "humane detention" is an oxymoron. Even in the best facilities, the psychological toll on a child is massive.
What Happens Next?
The fight is currently sitting in the Ninth Circuit Court of Appeals. Everyone expects it to end up at the Supreme Court by the end of the 2026 term.
If the Trump administration again seeks to end the Flores Settlement Agreement and actually wins, the landscape of American immigration will change forever. It would mean the end of court-mandated standards for migrant children.
Actionable Steps to Stay Informed
If you're looking to track this or get involved, don't just wait for the nightly news. Here is what you can actually do:
- Track the Docket: Follow case number 85-cv-04544 in the Central District of California. This is where the actual orders from Judge Dolly Gee are filed.
- Monitor the NGO Reports: Groups like Children's Rights and the Center for Human Rights and Constitutional Law (CHRCL) are the official "class counsel." They release reports every few months based on their site visits.
- Watch the Appropriations: Keep an eye on the FY 2027 budget talks. The amount of money allocated to "Family Residential Centers" tells you exactly how much the government plans to expand detention, regardless of what happens in court.
The reality is that Flores has been the floor for child safety since the Clinton era. Whether that floor stays in place or falls through is the biggest legal question of the year.
Stay tuned to the Ninth Circuit rulings expected this spring. You can sign up for legal alerts via the American Immigration Council to see the moment the next ruling drops.