What is the Flores Agreement?

The Flores Settlement Agreement plays a critical role in protecting the rights of immigrant children in U.S. custody, and its provisions have become the standard for how minors should be treated in immigration detention. Established in 1997, the Flores Agreement arose from a class-action lawsuit filed on behalf of detained immigrant children who were being held in facilities with inadequate living conditions. The settlement established key protections, including a maximum detention period of 20 days for children and a requirement that they be held in the least restrictive conditions possible, meaning they should not be detained in adult detention centers. The agreement also mandates that children be provided with food, water, medical care, and access to legal representation and education while in custody.

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However, despite the legal framework set by the Flores Agreement, its implementation has been inconsistent over the years, especially as detention practices have been increasingly challenged. In 2018, the Trump administration sought to end the Flores protections, including the 20-day detention limit, by attempting to revise the settlement agreement through new regulations. These efforts were blocked by courts, but the ongoing attempts to modify the terms of Flores highlight how fragile the protections for immigrant children are, especially as political pressure and shifting immigration policies continue to impact their treatment. Moreover, the capacity of detention centers to adhere to the standards set by Flores has been called into question as reports of overcrowded facilities, prolonged detention periods, and substandard conditions continue to surface.

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Despite the efforts to ensure compliance with the Flores guidelines, immigrant children have still faced violations of their rights in detention. Prolonged stays in immigration detention, often far exceeding the 20-day limit, have been documented, especially during periods of increased enforcement or border crises. For instance, in 2019, thousands of children were held in U.S. Customs and Border Protection (CBP) facilities for weeks in conditions that violated the Flores standards—citing overcrowding and lack of proper care. This failure to adhere to the Flores Agreement has resulted in widespread criticism, with advocates calling for better oversight and more humane practices when it comes to the treatment of immigrant children.

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Ultimately, the Flores Settlement Agreement remains a vital legal safeguard, but it’s clear that ongoing efforts are needed to ensure that these protections are upheld. Advocates argue that reforms are necessary to improve the treatment of immigrant children, not just within detention facilities but throughout the immigration process. While the Flores Agreement provides a critical baseline, the reality is that many immigrant children continue to face dire conditions in detention, and the fight for their rights remains an ongoing struggle. These children deserve better—not just the bare minimum of legal protection, but a system that prioritizes their well-being and allows them the chance to heal, grow, and thrive.

Source:

https://www.cwla.org/history-and-update-on-flores-settlement/