Judge weighs Trump administration’s request to end protections for immigrant children

A judge is considering a Trump administration request to end a decades-old policy on protections for immigrant children in federal custody that the government says is inhibiting its immigration crackdown.

The administration asked US District Judge Dolly Gee in Los Angeles during a hearing to dissolve the policy, which limits how long Customs and Border Protection can hold immigrant children and requires them to be kept in safe and sanitary conditions.

Gee, who oversees what is known as the Flores agreement, expressed skepticism at the government’s request but did not immediately issue a ruling. It is not clear how soon she will rule.

The judge pressed government attorney Joshua McCroskey on why President Donald Trump’s administration was holding children at the border for longer than the 72 hours laid out in the agreement when border arrests have reached record lows. She said it seems like conditions should be improving but they “are deteriorating.”

“It seems counterintuitive that should happen unless it’s willful,” said Gee, who was nominated to the court by President Barack Obama.

McCroskey said some children are being held for longer because Trump as part of his crackdown ended the Biden administration’s policy that allowed expedited releases of immigrants. McCroskey also pointed to logistical challenges that resulted from the closure of temporary facilities that were set up under President Joe Biden to handle an influx of immigrants.