Flores Settlement: limits on detaining migrant children

Status: Blocked by court — Flores v. Bondi (Flores Settlement Agreement) (C.D. Cal. No. 2:85-cv-04544-DMG (AGRx) (Judge Dolly M. Gee); denial of the motion to terminate on appeal to the U.S. Court of Appeals for the Ninth Circuit, No. 25-6308)

The Flores Settlement Agreement remains in effect for children and families held in DHS custody — Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE), including family detention. A June 28, 2024 order partially terminated the Agreement as to children in HHS/ORR custody (unaccompanied children), based on ORR's April 30, 2024 Foundational Rule, while keeping certain protections. On August 15, 2025, Judge Gee denied the government's motion to terminate the Agreement in its entirety; the government has appealed that denial to the Ninth Circuit, where it is pending.

Next step: Ninth Circuit decision on the government's appeal (No. 25-6308) of the August 15, 2025 order denying termination. Amicus briefs were filed in January 2026 and oral argument is expected in 2026; no decision as of 2026-06-30.

Verified against the primary source as of 2026-07-25 — status can change with a single court ruling. Official source.

What’s happening

The Flores Settlement Agreement remains in effect for children and families held in DHS custody — Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE), including family detention. A June 28, 2024 order partially terminated the Agreement as to children in HHS/ORR custody (unaccompanied children), based on ORR’s April 30, 2024 Foundational Rule, while keeping certain protections. On August 15, 2025, Judge Gee denied the government’s motion to terminate the Agreement in its entirety; the government has appealed that denial to the Ninth Circuit, where it is pending.

Who it affects

Affects migrant children — and, in practice, families — held in U.S. immigration detention. The Flores Settlement Agreement sets nationwide minimum standards for how long and under what conditions children may be held and how promptly they should be released from immigration custody. Because it limits prolonged detention of children, it also shapes how long families with children can be detained together. Children held by DHS (CBP and ICE) are still covered by the Agreement; unaccompanied children in HHS/ORR custody are now governed mainly by ORR’s 2024 Foundational Rule, with some Agreement protections retained. The current fight is over whether the government may end the Agreement altogether; while that appeal is pending, the Agreement’s protections continue to apply in DHS custody.

How it got here

  1. Jan 28, 1997 The district court approves the Flores Settlement Agreement, setting nationwide standards for the detention, treatment, and release of children in U.S. immigration custody.
  2. Jun 28, 2024 Judge Gee partially terminates the Agreement as to children in HHS/ORR custody, based on ORR's April 30, 2024 Foundational Rule (effective July 1, 2024), while keeping certain protections (including for secure, heightened-supervision, and out-of-network placements). The Agreement remains in full effect as to DHS (CBP and ICE).
  3. May 22, 2025 The government moves to terminate the Flores Settlement Agreement in its entirety, as to both DHS and HHS.
  4. Aug 15, 2025 Judge Gee denies the government's motion to terminate, finding no new facts or law that warrant ending the Agreement; it remains in effect for children in DHS custody.
  5. Jan 28, 2026 Amicus briefs are filed at the Ninth Circuit opposing termination as the government's appeal of the denial (No. 25-6308) proceeds; no decision as of 2026-06-30.

What to watch next

Ninth Circuit decision on the government’s appeal (No. 25-6308) of the August 15, 2025 order denying termination. Amicus briefs were filed in January 2026 and oral argument is expected in 2026; no decision as of 2026-06-30.

Official sources

This page is general information about ongoing litigation, not legal advice. A case’s status can change with a single ruling, and outcomes can turn on facts specific to each person. For advice on a specific situation, consult a licensed immigration attorney or a DOJ-accredited representative.