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2.0

DOJ moves to terminate the Flores Settlement Agreement

  1. Original Date Announced

    May 22, 2025

    The DOJ filed a motion in the Central District of California to terminate the Flores Settlement Agreement, which provides protections for migrant children who are detained in government custody after crossing into the United States either alone or with their families. In its motion, the DOJ claims termination is appropriate because of "the promulgation of regulations incorporating the goals of the FSA," as well as the Supreme Court's decision in Garland v. Aleman-Gonzalez.

    The first Trump Administration unsuccessfully attempted to terminate the Flores Settlement in 2019. Flores v. Meese, No. 2:85-cv-04544 (C.D. Cal.).

    **Link to case here. Our litigation entries generally report only the initial complaint and any major substantive filings or decisions. For additional information, CourtListener provides access to PACER and all available pleadings. Other sites that track litigation in more detail or organize cases by topic include Civil Rights Clearinghouse, Justice Action Center, National Immigration Litigation Alliance, and Just Security**

    Trump 2.0 [ID #1771]

    2025.05.22 Government Motion to Terminate Flores Settlement
  2. Subsequent Trump and Court Action

    August 15, 2025

    2025.08.15 Order - Flores, et al. v. Bondi

    District Judge Dolly Gee denied the Trump administration's request to terminate the Flores Settlement Agreement. The court held that the government is not yet in sufficiently substantial compliance to warrant termination of the agreement, and that there has been no meaningful change in factual conditions or in law since its last motion to terminate. Moreover, although Judge Gee acknowledged that the government has made some improvements in the conditions of confinement, she found that “[t]hese improvements are direct evidence that the FSA is serving its intended purpose, but to suggest that the agreement should be abandoned because some progress has been made is nonsensical.” Flores v. Meese, No. 2:85-cv-04544 (C.D. Cal.).

    **Link to case here. See litigation note above**

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Current Status

None

Original Trump Policy Status

Trump Administration Actions: Change in Practice Program Termination
Subject Matter: Minors Detention
Agencies Affected: CBP DHS ORR HHS

Commentary

  • Trump administration seeks to end protections for immigrant children in federal custody - AP News

    AP News reports on statements by Trump administration officials in conjunction with the DOJ's motion to terminate the Flores agreement.

    Go to article

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