Flores Settlement: What it is and how it protects immigrant children in the U.S.
- paola vanessa romero rondon
- Oct 15
- 3 min read
You've probably heard about the Flores Settlement in the news, especially now that the government has taken action to eliminate it. But do you really know what it is and why it's so important for immigrant children?

Where did the Flores Agreement come from?
To understand the agreement, we must know the story of Jenny Lisette Flores. In 1985, Jenny was a 15-year-old girl from El Salvador who was detained after crossing the border. She was put in a place with adults and in poor conditions. At the time, children could only be released if their parents or legal guardians claimed them, leaving many children like Jenny locked up indefinitely.
Civil rights organizations sued the government, saying this violated children's rights. After many years of court battles, a solution was finally reached in 1997: the Flores Settlement.
What rules does the Flores Agreement establish to protect children?
The Flores Settlement is not a complicated law. It is a set of basic, humane rules for the treatment of any immigrant child in government custody. The most important rules are:
Safe and Open Environment: Children should be in the least prison-like setting possible.
Prompt Release: Authorities should work to release children as quickly as possible to a parent, relative or responsible adult. There should be no unnecessary delays.
Clean and Safe Places: If they cannot be released, children should be in licensed facilities that are safe and sanitary.
Guaranteed Basic Care: All children have the right to food, clean water, emergency medical care, education and protection from abuse.
Uniting the Family: The number one priority is always to try to reunite children with their families.
This agreement was supposed to be temporary, but since the government never created permanent rules to replace it, the Flores Agreement remains in effect and is overseen by a judge.
Why do you want to eliminate the Flores Agreement now?
Over the years, different governments have had problems with the Flores Agreement, but Donald Trump's administration has been the one that has tried the most to eliminate it.
The Government's Argument
The current administration argues mainly two things:
That the Flores Agreement encourages illegal immigration, because families know that children cannot be detained for long.
That the agreement gives judges too much power over immigration policy, taking control away from the government.
Recent Actions to Terminate
To put an end to it, the government has taken concrete measures that directly affect children:
It has reopened family detention centers in places like Texas.
Suspended money to provide legal assistance to immigrant children traveling alone.
It has formally asked a judge to terminate the agreement in its entirety. A decision is expected after a hearing on August 8.
What happens if the Flores Agreement is eliminated?
Immigrant advocates are very concerned. If the agreement is eliminated, basic protections that have been in place since 1997 could disappear. This could mean that:
Children and their families could be detained indefinitely.
They could be held in unlicensed facilities in unsafe and unhealthy conditions.
It would be more difficult for children to access lawyers and other basic care.
Currently, advocates report that children are already being held for weeks at a time in Border Patrol facilities in violation of the 72-hour rule. Without the Flores Agreement, this situation could drastically worsen.
Source: El País
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