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ICE Admits Holding 400 Children Past 20-Day Limit

Published 9 December 2025

U.S. Immigration and Customs Enforcement has acknowledged in a recent court filing that approximately 400 immigrant children were held in federal custody beyond the legal 20-day limit during August and September, a disclosure that has raised concerns among legal advocates about the treatment of minors at detention facilities nationwide.

The admission came as part of reports submitted in an ongoing civil lawsuit originating from 1985, which resulted in the Flores Settlement Agreement in the 1990s. That agreement mandates that children in immigration custody be released within 20 days and maintained in safe and sanitary conditions. The current administration has sought to terminate the agreement, prompting scrutiny from attorneys representing the detainees. In filings submitted Wednesday evening, these attorneys pointed to ICE's own data showing the prolonged detentions were widespread, affecting children across multiple regions and facilities, rather than being isolated incidents.

ICE attributed the delays to three main categories: transportation issues, medical requirements, and legal processing needs. However, advocates argued that these factors do not constitute valid excuses...

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