Hundreds of immigrant children in US custody have been detained longer than the 20-day legal cap, with some held more than five months, according to new court filings that have alarmed child-rights advocates and raised fresh questions about federal detention practices.
The documents, submitted Monday in a long-running civil case that shaped the 1997 Flores agreement, detail government admissions that minors were kept in custody for extended periods, including in hotels intended only for short-term holding. The Trump administration is currently trying to dismantle the Flores limits altogether.
A December 1 internal report from US Immigration and Customs Enforcement (ICE) showed that between August and September, roughly 400 children were held past the 20-day threshold. Lawyers involved in the case say the problem is national, not isolated to one site. Interviews revealed at least five children detained for 168 days, though their ages were not disclosed.
Advocates say prolonged detention wasn’t justified by the government’s cited reasons, transportation delays, medical needs and legal processing. They also described troubling facility conditions: contaminated food, slow medical response and limited legal access. One report said a bleeding child waited two days for medical attention, while another alleged a broken foot caused by staff mishandling equipment.
Food concerns were particularly stark.
“Children get diarrhea, heartburn, stomach aches, and they give them food that literally has worms in it,” one declaration said. Another described “broccoli and cauliflower that were moldy and had worms.”
ICE did not respond to requests for comment. A hearing is scheduled next week before Judge Dolly Gee, who could order intervention if violations are confirmed.
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