The Trump administration is taking steps to rescind the Flores Settlement Agreement, a legal framework established in the 1990s that offers protections for child migrants in federal custody.

This move has triggered responses from various advocacy groups, who are expected to challenge the administration's position in court.

The Flores Settlement Agreement primarily restricts the detention duration of unaccompanied child migrants and those traveling with families to a maximum of 72 hours while ensuring that these minors are held in safe and sanitary conditions.

In a court filing made Thursday, government attorneys described the agreement as an “intrusive regime” that has become outdated, alleging that it has contributed to an increase in the number of child migrants entering the country over the last several decades.

The motion filed by the administration argues that the agreement is no longer necessary due to legislative and policy changes that have been implemented since its inception.

They claim that the settlement has removed certain disincentives for families considering unlawful entry into the United States.

The legal challenges to end the protections for child migrants follow previous unsuccessful attempts made by the Trump administration during its first term.

Advocates have criticized the administration's actions, citing that any changes to the agreement may lead to severe repercussions for children in custody.

Notably, the Flores Settlement was established following a lawsuit by a Salvadoran girl, Jenny Flores, who highlighted mistreatment of children in custody during the 1980s.

Recent developments under the Biden administration saw an easing of some oversight protections for child migrants by the Department of Health and Human Services (HHS).

However, the Department of Homeland Security and Customs and Border Protection (CBP) remain subject to the terms of the Flores agreement, which includes provisions for the treatment and processing of children upon entering the U.S., irrespective of their accompanying parents.

Instances of inadequate conditions for minors have surfaced despite the ongoing protections afforded by the Flores Settlement.

For example, nearly 300 children were relocated from a Texas Border Patrol facility due to reports of insufficient food, water, and sanitation.

Advocates for children's rights have documented troubling accounts of the detention environment, which include accounts of psychological and physical trauma stemming from prolonged detention.

Court-appointed monitors have been tasked with overseeing compliance with the modified oversight of facilities housing child migrants.

They report noncompliances to Judge Dolly Gee, who oversees the litigation concerning the Flores Settlement.

In a notable recommendation, a monitor in 2020 urged the government to halt the detention of very young children in hotels prior to their expulsion from the country.

Furthermore, reports surfaced regarding the conditions under which children were held during the COVID-19 pandemic, exacerbating health risks.

Despite efforts to resume internal oversight, a federal judge ruled earlier this year that CBP was not prepared to do so, resulting in an extension of monitoring requirements for an additional 18 months.