Attorney General Raoul Joins Multistate Amicus Brief Opposing Trump Administration’s Attempt To Prolong The Immigration Detention Of Children

CHICAGO – Attorney General Kwame Raoul joined a multistate coalition of 20 attorneys general in filing an amicus brief opposing the Trump administration’s efforts to terminate the Flores Settlement Agreement. The Flores Settlement Agreement, which has been in place since 1997, provides crucial protections against the inappropriate detention of children and ensures the children in immigration custody are held in facilities licensed in and subject to oversight by the states where the children reside. In May 2025, the Trump administration moved to terminate the Flores Settlement Agreement with the goal of expanding family detention and increasing the duration of child detention.

In a brief filed on Wednesday, Attorney General Raoul and the coalition urge the 9th Circuit Court of Appeals to block the Trump administration’s latest attempt to end the agreement and to prevent the administration from keeping children in prolonged and unnecessary detention.

“For decades – under both Democratic and Republican administrations – the standards established in the Flores Settlement Agreement have protected the health and wellness of children while in the custody of immigration officials,” Raoul said. “It is unconscionable the Trump administration is once again attempting to strip away these critical protections. I will continue to stand with my counterparts to protect these children and fight for their health and welfare.”

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For almost 30 years, the Flores Settlement Agreement has ensured the safety and well-being of children in immigration custody through the enforcement of state child welfare laws. The agreement requires that children be held in state-licensed facilities under state oversight; released without unnecessary delay to parents, guardians or licensed programs; and placed in the least restrictive setting appropriate to their age and needs. It also sets standards for education, recreation and overall care, establishes conditions of confinement and provides monitoring to protect children while in custody. Maintaining this arrangement for immigrant youth is crucial to ensure that states can protect the rights and well-being of all children in their care, regardless of immigration status.

In 2019, Raoul took legal action when the first Trump administration attempted to terminate the Flores Settlement Agreement and remove critical protections for children detained in immigration custody, including filing a lawsuit and supporting other, similar challenges. In 2024, the Biden administration adopted new rules that restored and strengthened protections for unaccompanied children. Upon reentering office, the Trump administration once again attempted to completely terminate the Flores Settlement Agreement and revert to the 2019 DHS rule. After this action was rejected by a district court, the federal government appealed the decision to the 9th Circuit.

In their brief, Raoul and the coalition argue that the Trump administration’s attempt to terminate the Flores Settlement Agreement interferes with states’ traditional and sovereign roles to help ensure the health, safety and welfare of children by undermining state licensing requirements for facilities where children are held. The termination would result in the vast expansion of family detention centers, which are not state licensed facilities. These facilities have historically caused increased trauma in children and prolong the time children spend in immigration detention, causing significant long-term harm to their physical, mental and emotional health, disrupting their development and educational needs and increasing burdens to the states that provide services to support them.

Joining Raoul in filing this amicus brief are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Vermont and Washington.

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