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By Dan Gooding
Associate News Editor
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The Trump administration was ordered Monday to pay for independent monitoring of conditions in immigrant detention centers housing children, after mounting concerns about one center in particular in Dilley, Texas.
Chief U.S. District Judge Dolly M. Gee, an appointee of former President Barack Obama, said that oversight is necessary because of a combination of the government's "history of noncompliance," and evidence of current noncompliance when it comes to the standards and expectations for the detention of immigrant children—something that has been an issue faced by both Trump administrations.
“Over the past year, we’ve made 12 site visits to Dilley family prison and spoken with more than 175 families. What we’ve documented is deeply disturbing: children becoming seriously ill in detention, children going months without adequate sleep, toddlers unable to eat the food being served, and children regressing emotionally and developmentally," Leecia Welch, Chief Legal Counsel at Children’s Rights, told Newsweek Wednesday.
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The ruling appoints former Los Angeles City Attorney Andrea Sheridan Ordin as Special Master and pediatrician Dr. Paul Wise as Independent Monitor. The pair will have authority to inspect facilities, conduct announced and unannounced visits, review records, interview detainees and employees, validate detention data and provide quarterly reports to the court.
Responding to the ruling, a Department of Homeland Security (DHS) spokesperson told Newsweek that Gee was trying to "demonize the brave men and women of DHS."
What Is the Flores Settlement?
The litigation stems from the Flores Settlement Agreement, a 1997 accord that sets national standards for the detention, release and treatment of immigrant children in federal custody.
Among other requirements, Flores mandates that minors be held in facilities that are "safe and sanitary" and released without unnecessary delay whenever possible. The agreement has shaped federal immigration detention policy for decades and frequently served as a flashpoint during both the first and second Trump administrations' efforts to expand family detention.
“Historically, Flores has been interpreted by courts to limit how long children can remain in secure, unlicensed family detention facilities," Welch said. "In 2015, Judge Dolly Gee ruled that children could not be held for prolonged periods in secure facilities like Dilley. The Settlement does not set an exact timeline, but the government previously proposed a 20-day benchmark for release.
"The court has said that 20 days could satisfy the settlement under some circumstances. ICE has been violating these core requirements at Dilley. Children are not being placed in the least restrictive setting; they are being detained for egregiously prolonged periods; and they are suffering in unsafe conditions.”
The court is also seeking renewed attention to whether detained families are being informed of their rights under Flores. Gee noted evidence plaintiffs submitted that families interviewed by legal advocates generally did not recall receiving information about those rights.
The special master will assist efforts to develop and implement a notice-of-rights process for families at Dilley.
“For years, the Flores consent decree has been a tool of the left that is antithetical to the law and wastes valuable U.S. taxpayer funded resources," the DHS spokesperson told Newsweek.
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Why the Judge Stepped In
Gee emphasized that her order is not a contempt finding or punishment against the government. Instead, she said federal courts may appoint outside monitors when exceptional circumstances and ongoing concerns about compliance with existing court orders exist.
The judge pointed to evidence that some children and families continued to spend lengthy periods in custody despite a dramatic decline in migrant family arrivals at the southern border.
According to figures cited in the ruling, encounters involving children and families were down 89 percent during much of fiscal year 2026 compared with the previous year. Yet court filings described cases where children allegedly remained in U.S. Customs and Border Protection (CBP) facilities for days or even weeks.
The court specifically highlighted concerns about detention times in the Rio Grande Valley, El Paso, and San Diego sectors, as well as conditions inside those facilities, including complaints about extreme cold, lighting that interfered with sleep, and limited access to soap.
“Parents have a choice if they want to be removed with their children or ICE will place the children with a safe person the parent designates. This is consistent with past administrations’ immigration enforcement," the DHS spokesperson said. “All detainees are provided with 3 meals a day, clean water, clothing, bedding, showers, soap, and toiletries. Illegal aliens also have access to phones to communicate with their family members and lawyers. Certified dieticians evaluate meals."
The spokesperson repeated DHS' message that immigrants receive "comprehensive medical care" the moment they enter custody.
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Lengthy Stays at Dilley
Much of the ruling focuses on the South Texas Family Residential Center in Dilley, Texas, which resumed holding families in 2025 after years in which family detention had largely been dormant.
Dilley has long been linked to litigation over the Flores settlement. In the latest order, Gee cited previous Flores rulings from 2015 and 2017 that addressed prolonged detention of children at the facility and broader disputes over the government's family detention policies.
In past rulings, courts concluded that children generally could not be subjected to prolonged detention solely because they were being held with their parents. The issue became a central legal obstacle to the first Trump administration's family detention policies.
In the latest order, Gee cited data showing average stays at Dilley ranging from roughly 23 to nearly 48 days during the first five months of 2026.
Plaintiffs estimated that approximately 1,560 minors were detained there for longer than 20 days over a six-month period. The court also cited evidence that some children had been held for more than 80 days and that several families had remained in custody for more than 100 days.
“Every day I just hope they will let us go…But we know there are some moms with children who have been here for 50 days," M.A.B.H., detained with her 5-year-old son by CBP, then transferred to Dilley, stated as part of the case. "It makes me lose hope and feel demoralized when I hear that such long detention is possible. It’s so hard, because it makes it clear that in reality the government does not apply the Flores laws that they had us sign, because if they did, we would not be here still.”
The judge wrote that she has "serious concerns" about whether ICE is complying with provisions of the Flores agreement governing the custody and release of children.
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Concerns About Immigrant Children's Medical Care
The order also highlights allegations regarding medical care at Dilley.
The court cited declarations describing children who allegedly received only Tylenol or ibuprofen for a variety of medical complaints, along with allegations of delays in receiving treatment.
Gee noted reports involving a child who ultimately underwent emergency surgery for appendicitis and another who reportedly waited nearly two months to see a cardiologist.
While the court did not make definitive findings on the allegations, it concluded that there was sufficient evidence to justify independent monitoring of medical care at the facility.
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What DHS, CBP and ICE Must Do Now
Under the new order, DHS agencies will be subject to at least one year of outside monitoring, with possible extensions. The special master and monitor can access records, inspect facilities, review detention data and investigate compliance concerns.
The government will also have to bear the cost of the monitoring program, which is capped at $620,000 per year.
The monitor's work will focus on the length of time children spend in CBP custody, detention conditions in key border sectors, medical care and detention practices at Dilley, the use of hotels to house migrant children and families, and efforts to notify detainees of their rights under Flores.
Quarterly reports will be filed with the court documenting the government's compliance and recommending corrective actions where necessary.
“Ultimately, we’ll be looking for results," Welch said. "Are children getting released from Dilley faster? Are they receiving the medical care and basic necessities they’re entitled to? Are the government’s numbers accurate? And are conditions actually improving on the ground? We’ve spent more than a year documenting the same violations repeatedly.
"The point of independent monitoring is to hold the government accountable for following the law and to finally end the harmful conditions children have been forced to endure.”
Update 8/19/26, 4:23 p.m. ET: This article was updated with comments from Leecia Welch.
Contact Newsweek editors on this story: Gabe Whisnant and Sam Wilson.
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