Obama-Appointed Judge Says Monitor Needed for ICE Family Detention Center

After mounting reservations concerning one center in particular in Dilley, Texas, the Trump administration was ordered Monday to pay for independent monitoring of conditions in immigrant detention centers housing children.

Key points

• In the latest order, Gee cited data showing average stays at Dilley ranging from roughly 23 to almost 48 days during the first five months of 2026.
• The ruling appoints former Los Angeles City Attorney Andrea Sheridan Ordin as Special Master and pediatrician Dr.
• 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.
• Much of the ruling focuses on the South Texas Family Residential Center in Dilley, Texas.
• 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.

By Dan Gooding Associate News Editor. Newsweek is a Trust Project member.

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Chief U.S. District Judge Dolly M. Gee, an appointee of former President Barack Obama, remarked that oversight is necessary as 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 matter faced by both Trump administrations.

In practice, 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 confirmed 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 informed Newsweek that Gee was trying to "demonize the brave men and women of DHS."

Notably, 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 published without unnecessary delay whenever feasible. 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.

In practice, the court is additionally seeking renewed attention to whether detained families are being informed of their rights under Flores. Gee observed evidence plaintiffs submitted that families interviewed by legal advocates generally did not recall receiving information concerning those rights.

For context, 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 informed Newsweek.

Gee emphasized that her order is not a contempt finding or punishment against the administration. Instead, she remarked federal courts may appoint outside monitors when exceptional circumstances and ongoing worries regarding compliance with existing court orders exist.

In practice, 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.

As well as conditions inside those facilities, including complaints regarding extreme cold, lighting that interfered with sleep, and limited access to soap, the court specifically highlighted reservations concerning detention times in the Rio Grande Valley, El Paso, and San Diego sectors.

"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 remarked. "All detainees are provided with 3 meals a day, clean water, clothing, bedding, showers, soap, and toiletries. Illegal aliens additionally have access to phones to communicate with their family members and lawyers. Certified dieticians evaluate meals."

Notably, the spokesperson repeated DHS' message that immigrants receive "comprehensive medical care" the moment they enter custody.

Much of the ruling focuses on the South Texas Family Residential Center in Dilley, Texas. It 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 since they were being held with their parents. The matter became a central legal obstacle to the first Trump administration's family detention policies.

Plaintiffs estimated that approximately 1, 560 minors were detained there for longer than 20 days over a six-month period. The court additionally cited evidence that some children had been held for more than 80 days and that a number of 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 feasible. Since it makes it clear that in reality the administration does not apply the Flores laws that they had us sign, since if they did, we would not be here still.", it's so hard.

In practice, the judge wrote that she has "serious concerns" regarding whether ICE is complying with provisions of the Flores agreement governing the custody and release of children. Reservations Concerning Immigrant Children's Medical Care. The order additionally highlights allegations regarding medical care at Dilley.

Meanwhile, 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 observed reports involving a child who ultimately underwent emergency surgery for appendicitis and another who reportedly waited almost two months to see a cardiologist.

While the court did not create definitive findings on the allegations, it concluded that there was sufficient evidence to justify independent monitoring of medical care at the facility.

Taken together, the developments around obama-Appointed Judge Says Monitor Needed for ICE Family Detention Center point to a situation that is still moving, and the coming days should bring more clarity.