U.S. Senators, State Attorneys General’s Offices, healthcare professionals, child advocates, law professors and more file amicus briefs in support of the Flores Settlement
- Center for Human Rights and Constitutional Law
- Jan 29
- 5 min read
Press Release
For Immediate Release: January 29, 2026
Media Contacts:
Pacifica Strategies, National Center for Youth Law: youthlaw@pacificastrategies.com
Sergio Perez, Center for Human Rights and Constitutional Law: press@centerforhumanrights.org
Camilla Jenkins, Children’s Rights: cjenkins@childrensrights.org
U.S. Senators, State Attorneys General’s Offices, healthcare professionals, child advocates, law professors and more file amicus briefs in support of the Flores Settlement
Los Angeles, California — As the federal government incarcerates increasing numbers of children and families, 26 U.S. Senators, 20 State Attorneys General’s Offices, and more than 180 prominent child and immigrant advocacy organizations, law professors, and former immigration judges have filed amicus briefs in the Ninth Circuit in support of the Flores Settlement, a foundational legal safeguard that sets national minimum standards for the humane treatment, placement, and release of detained immigrant children. In August, a district court rejected the Trump administration’s attempt to terminate the Flores Settlement, and the government subsequently appealed that ruling.
This litigation comes at a pivotal and deeply consequential moment. From Minneapolis to New York, the federal government’s aggressive and indiscriminate anti-immigrant policies have swept families into cells and ripped children from their homes and communities.
Children and families in government custody are increasingly subjected to prolonged detention and inhumane treatment. Children held at the ICE Family Residential Center in Dilley, Texas often do not receive proper medical care, are not provided basic hygiene items, have difficulty sleeping due to bright lights kept on at all times, and are denied adequate education, among other issues. As detailed in the amicus brief filed by RAICES, a legal services provider, families detained at Dilley have raised concerns over inadequate medical care on at least 700 occasions since August 2025.
The government’s attempt to terminate the Flores Agreement — which it has repeatedly violated — would open the door to mass, indefinite detention of children in unsafe government facilities without enforceable standards or meaningful oversight.
U.S. SENATORS
“The [One Big Beautiful Bill] Act’s detention-related provisions appropriated funds for detention capacity—a permissible budgetary measure—but could not and did not override the Flores Settlement Agreement’s requirements for how detention must be conducted.” (Page 1)
STATE ATTORNEYS GENERAL’S OFFICES
“For nearly 30 years, the Agreement has protected children in immigration detention by ensuring, with certain limited exceptions, that they are placed in facilities licensed by the states. This structure accords with Amici States’ longstanding responsibility to regulate child welfare and to care for the wellbeing of the children in our states. Maintaining the Agreement, including the state licensing provisions, is critical for protecting Amici States’ ability to act in support of the rights and well-being of its child residents, regardless of their immigration status.” (Pages 14-15)
REFUGEE AND IMMIGRANT CENTER FOR EDUCATION AND LEGAL SERVICES (RAICES)
“…the Government’s violations of the [Flores Settlement Agreement] have become such standard practice that documenting and reporting violations is now a regular part of RAICES’s daily operations. And recent developments indicate that the Government’s violations are escalating and increasing in frequency. . . The situation on the ground in Dilley is bleak. Far from demonstrating that the FSA is unnecessary, the facts as observed by RAICES show that without the FSA, immigrant children will have even fewer protections, will face increasingly dangerous conditions, and will lack adequate access to legal services to effectively pursue immigration relief.” (Pages 4, 6)
THE AMERICAN ACADEMY OF PEDIATRICS and ORGANIZATIONS DEDICATED TO THE HEALTH, EDUCATION, and WELFARE OF CHILDREN
“Studies of detained immigrants found negative physical and emotional symptoms among detained children, including anxiety, depression, and posttraumatic stress disorder. Children in detention also show regression in development, high levels of anxiety and depression, and suicide attempts. Widely accepted studies demonstrate that stress, anxiety, and behavioral issues increase the longer the child is detained. Parents in detention centers have described regressive behavioral changes in their children, including decreased eating, sleep disturbances, clinginess, withdrawal, self-injurious behavior, and aggression.” (Pages 7-8)
HUMAN RIGHTS WATCH
“International and regional standards recognize that children should not be detained solely because of their or their parents’ immigration status and that such detention is never in children’s best interests. . . . the U.N. special rapporteur on torture has concluded that immigration detention of children puts them at risk of cruel, inhuman, or degrading treatment or punishment.” (Page 14-15)
IMMIGRATION LAWYERS, LAW PROFESSORS, SCHOLARS, and FORMER IMMIGRATION JUDGES
“In these circumstances—where the administration is claiming to subject children to mandatory detention, where bond is not being set for immigrant children, where parole is being denied for even very sick immigrant children, and where filing federal habeas petitions is nearly impossible—the Flores Settlement Agreement provides a crucial safeguard that, if followed by the administration, should prevent children from being subject to indefinite detention during the pendency of their immigration court proceedings.” (Page 20)
KIDS IN NEED OF DEFENSE, PUBLIC COUNSEL and THE YOUNG CENTER FOR IMMIGRANT CHILDREN’S RIGHTS
“Children entitled to protections under the [Flores Settlement Agreement] overwhelmingly have fled violence, persecution, abandonment, and other forms of harm. After reaching the United States, immigrant children will face further challenges in navigating the nation’s labyrinthine immigration system while healing from a history of trauma. Appellants seek to terminate the landmark Agreement, offering no adequate substitute to ensure consistent compliance with its standards. At the same time, children face prolonged detention and eroding access to protections. The loss of fundamental safeguards would jeopardize children’s safety and well-being during their time in government custody and beyond.” (Page 3)
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The Center for Human Rights and Constitutional Law is a legal non-profit committed to protecting and advancing the rights of immigrants through legal action, advocacy, and education. Through impact litigation, we challenge unlawful immigration policies to drive systemic change and establish stronger legal protections for immigrants. At the local, state, and federal levels, we advocate for fair and humane policies that uphold the rights of all immigrants. For more information, please visit centerforhumanrights.org.
The National Center for Youth Law centers youth through research, community collaboration, impact litigation, and policy advocacy that fundamentally transforms our nation's approach to education, health, immigration, foster care, and youth justice. Our vision is a world in which every child thrives and has a full and fair opportunity to achieve the future they envision for themselves. For more information, please visit youthlaw.org.
Children’s Rights is a national advocacy organization dedicated to improving the lives of children living in or impacted by America’s child welfare, juvenile legal, immigration, education, and healthcare systems. We use civil rights impact litigation, advocacy and policy expertise, and public education to hold governments accountable for keeping kids safe and healthy. Our work centers on creating lasting systemic change that will advance the rights of children for generations. For more information, please visit childrensrights.org.