Migrant children held in U.S. detention centers are reporting alarming conditions that attorneys say resemble life in prisons—claims surfacing just as the Trump administration moves to dismantle legal protections meant to safeguard their well-being.
According to a CBS News report, court filings include disturbing testimony from minors detailing unsanitary and degrading treatment in Customs and Border Protection (CBP) facilities. One child said he was forced to wear the same underwear for four days, which led to a painful rash. Another began self-harming out of despair.
“I heard one officer say, ‘they smell like s–t,’” one child recounted. “Another responded, ‘They are s–t.’”
The legal complaints come as the administration formally requests a federal judge to terminate the decades-old Flores Settlement Agreement, a landmark court ruling that governs the treatment of migrant children in federal custody. Officials argue the agreement hampers immigration enforcement and encourages illegal crossings.
The case is now before U.S. District Judge Dolly Gee in California, with a ruling expected by August 8.
Attorneys representing the children say even with Flores protections in place, minors are still being held in “unsafe and unsanitary” conditions—some for weeks in tents and even airport terminals, well beyond the 72-hour limit federal law sets for CBP custody.
Amid mounting overcrowding and scrutiny, the Trump administration has instructed CBP to explore alternatives to sheltering unaccompanied minors. Last week, officials rolled out a policy giving migrant teens—aged 14 and older—the option to be repatriated to their home countries rather than transferred to Department of Health and Human Services (HHS) facilities, which traditionally house children until they turn 18 or are placed with a U.S.-based sponsor.
The policy marks a significant shift from previous immigration norms, which required that most unaccompanied children, except those from Mexico or Canada, be transferred to HHS care.
Those who decline repatriation will still be sent to government shelters. A spokesperson for the Department of Homeland Security said the change is authorized under the recently passed One Big Beautiful Bill Act, which allocates tens of billions of dollars to bolster deportation efforts.
Critics warn that these changes not only undermine legal safeguards but also increase the likelihood of trauma, abuse, and long-term harm to the children involved.
“This isn’t just about policy—it’s about protecting human dignity,” one immigration attorney told CBS. “And right now, the system is failing these kids.”
