Marshall Project reporting reveals widespread violations of protections for children in immigration detention. Since Trump took office, at least 3,800 children under 18 (including 20 infants) have been booked into ICE custody.
Under the 1997 Flores settlement, children in immigration detention are afforded special protections, and a federal judge continues to oversee compliance. Courts have interpreted Flores to mean that holding children with their families in ICE custody beyond 20 days is generally excessive.
Yet this year, more than 1,300 children have been held past that 20-day threshold, according to The Marshall Project’s analysis.
ICE has told the court that it is minimizing the detention of children, stating in a report filed this month that its “primary goal is to ensure that minors are discharged from custody as quickly as possible.” The data shows a different reality.
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