Washington AG Joins Coalition Challenging Federal Plan to Extend Immigrant Child Detention
Favour Bitrus
January 30, 2026
Picture Credit: Washington | Office of the Attorney General
Attorney General Nick Brown has joined a coalition of 20 state attorneys general opposing the Trump administration’s effort to terminate the Flores settlement agreement, a long-standing legal framework that protects children in federal immigration custody.
In an amicus brief filed with the Ninth Circuit Court of Appeals, the coalition urged the court to block the administration’s attempt to dismantle the nearly 30-year-old agreement. In May 2025, the administration moved to end Flores, a step critics say would allow expanded family detention and longer periods of custody for children.
Brown warned that eliminating the settlement would weaken critical oversight. He said the administration has failed to demonstrate it can ensure detained immigrant children are treated humanely without the protections Flores provides.
Established in 1997, the Flores settlement sets national standards for the care of immigrant children. It requires that minors be held in state-licensed facilities, released promptly to parents or guardians when possible, and placed in the least restrictive setting appropriate for their age. The agreement also mandates access to education, recreation, and adequate medical and mental health care.
Washington state has repeatedly challenged federal immigration detention policies. In 2018, it helped lead a lawsuit against the Trump administration’s family separation policy, and in 2019 it opposed a previous attempt to terminate Flores. Those efforts resulted in a federal court blocking most Department of Homeland Security regulations tied to ending the agreement. In 2024, the Biden administration adopted new rules reinforcing protections for unaccompanied children.
After returning to office, the Trump administration renewed its push to end Flores. Although a federal district court rejected the effort, the administration appealed. Brown and the coalition argue that terminating the agreement would undercut state licensing authority and expand the use of large family detention centers that lack state oversight and have a documented history of harming children.
