Obama-appointed judge orders Trump admin to pay for independent monitoring of conditions in immigrant detention centers housing children
An Obama-appointed judge has ordered the Trump administration to pay for independent monitoring of immigrant detention centers housing children, citing concerns over compliance with longstanding federal standards. Chief U.S. District Judge Dolly M. Gee’s August 17 order focused heavily on the South Texas Family Residential Center in Dilley, Texas, which has been accused of prolonged detention and alleged problems involving medical care and living conditions.
Judge cites ‘history of noncompliance’
Gee said independent oversight is warranted because of the government’s “history of noncompliance” and evidence suggesting continuing failures to meet standards governing detained children. She also stressed that her order is not a contempt finding or punishment but an intervention. The litigation stems from the 1997 Flores Settlement Agreement, which requires immigrant children in federal custody to be held in “safe and sanitary” conditions and released without unnecessary delay when possible.
Gee appointed former Los Angeles City Attorney Andrea Sheridan Ordin as special master and pediatrician Dr. Paul Wise as independent monitor. Both have been given the power to conduct announced and unannounced inspections, review records, interview detainees and employees, verify detention data and submit quarterly reports.
Dilley detention times raise concerns
The South Texas facility resumed holding families in 2025 after family detention had largely gone dormant. Gee cited average stays ranging from about 23 to nearly 48 days during the first five months of 2026, while plaintiffs estimated that roughly 1,560 minors had been detained there for more than 20 days over six months. Some children were allegedly held at the facility for more than 80 days, while several families remained detained 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,” said an individual identified as M.A.B.H., who was detained with her 5-year-old son by Customs and Border Protection before being transferred to Dilley. “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.”
Advocates cite concerns regarding healthcare and welfare facilities at Dilley
Leecia Welch, chief legal counsel at Children’s Rights, told Newsweek, “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.”
“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,” Welch added.
Gee also cited allegations involving delayed medical treatment, including a child who eventually required emergency appendicitis surgery and another who reportedly waited nearly two months to see a cardiologist. In addition, the court cited declarations describing children who allegedly received only Tylenol or ibuprofen for a variety of medical complaints
DHS rejects allegations
A DHS spokesperson accused Gee of trying to “demonize the brave men and women of DHS.”
“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 spokesperson said.
The department further said parents can choose to leave with their children or designate a safe person to receive them, adding, “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 dietitians evaluate meals.”