Project 2025 Tracker / What’s done, what’s next

5. Department of Homeland Security · Major · Needs Congress

End the Flores Settlement Agreement by statute

Blocked

Printed page 148 5. Department of Homeland Security

“Congress must end the Flores Settlement Agreement by explicitly setting nationwide terms and standards for family and unaccompanied detention and housing. Such standards should focus on meeting human needs and should allow for large-scale use of temporary facilities (for example, tents).”

What has happened

  1. Blocked

    Judge Gee denied the motion to terminate, holding that 8 U.S.C. §1252(f)(1) poses no obstacle to continued supervision of the agreement and that there was "nothing new under the sun regarding the facts or the law" since the government's earlier attempt. The agreement remains in force. The government appealed (9th Cir. No. 25-6308, docketed 2025-10-07); the appeal was argued on 2026-06-02 before Judges W. Fletcher, Berzon and M. Smith and was undecided as of 2026-08-27. Congress has still enacted nothing: Public Law 119-21 §§100051(a)(5) and 100052 fund family detention but set no nationwide standards and do not touch the agreement.

  2. Attempted

    Congress has not legislated. The administration moved instead in the Central District of California to terminate the Flores Settlement Agreement outright, under Rules 60(b)(4), (5) and (6) — an executive route to an ask the Mandate directs at Congress, and one that would end the agreement without setting the nationwide standards the Quote asks for.

Research log

What was searched, and what didn’t count as evidence

Research notes

Action
eliminate
Object
Flores Settlement Agreement
ID
351