Trump’s Mega-Bill Targets Outdated Court Ruling to End Catch-and-Release Chaos at the Border

President Trump’s One Big Beautiful Bill, signed into law last month after swift passage by a Republican-led Congress, packs a punch on multiple fronts—from cementing tax relief for working Americans to ramping up military funding and slashing wasteful spending on programs like Medicaid and food stamps. But buried within its pages is a game-changer for immigration enforcement: language designed to let federal authorities hold illegal immigrant families in custody for the full length of their legal cases, sidestepping a decades-old court-imposed limit that’s long handcuffed border officials.

This move directly confronts the Flores settlement agreement, a 1997 ruling that has effectively forced the release of families after just 20 days in detention, creating what critics call a revolving door for illegal entries. Trump officials argue the provision in the BBB Act will plug this loophole, ensuring families aren’t simply let loose into the U.S. interior while their claims drag on, often leading to no-shows in court and vanished asylum seekers.

The Flores agreement traces its roots to a 1985 class-action lawsuit filed by the Center for Human Rights and Constitutional Law on behalf of Jenny Lisette Flores, a 15-year-old Salvadoran girl who crossed the border unaccompanied. The suit claimed she was housed with unrelated adults, denied proper hygiene, and blocked from release to relatives. By 1997, the court formalized the settlement, setting mandatory standards for handling unaccompanied minors: access to food, water, medical care, sanitation, climate-controlled facilities, supervision, and family contact.

Before Flores, there were no uniform rules for detaining children by immigration agencies. The agreement was meant as a stopgap until formal regulations could be approved, according to the Congressional Research Service. Over time, it evolved. Under George W. Bush, after DHS’s creation, unaccompanied kids shifted to Health and Human Services care, while families fell under ICE detention.

The real turning point came in 2015, when Obama-appointed Judge Dolly Gee in California’s Central District ruled in Flores v. Johnson that the settlement applied to all children—accompanied or not—barring indefinite holds and mandating treatment per 1997 terms. At the government’s urging for time to process asylum or deportation claims, Gee capped family detention at 20 days.

That cap, conservatives contend, opened the floodgates. Cartels quickly exploited it, coaching Central American families to cross knowing they’d be released after three weeks, fueling record surges. Border encounters skyrocketed under Biden, hitting over 8.2 million through June 2024 alone, dwarfing Trump-era figures.

White House border czar Tom Homan didn’t mince words last week, calling Gee’s ruling the “worst immigration decision in the history of this nation” because judges couldn’t resolve cases in 20 days, forcing ICE to release families and enabling cartels to thrive.

Homan’s frustration echoes a broader conservative view: Flores, while disguised as a ploy for child welfare, has morphed into a magnet for the illegal alien invasion, undermining national security and enriching smugglers. Studies show it deterred effective enforcement, with mechanisms like the agreement historically shielding kids but inadvertently boosting unauthorized flows by limiting deterrence. Under Biden, illegal crossings soared to unprecedented levels, with southern border encounters jumping significantly compared to Trump’s first term, where stricter policies kept numbers lower.

The Trump team sees the BBB Act as a lifeline while the Justice Department renews its push to scrap Flores entirely. Earlier this year, DOJ argued changed circumstances since Trump’s first-term failures warrant repeal, with a judge still mulling the case as of last week. Flores backers insist the new law doesn’t trump the settlement, but administration officials are optimistic courts will side with stronger border controls.

Democrats and immigrant groups decry the shift, warning of harm to kids from extended detention. Yet Trump allies counter that facilities would meet humane standards—far from the “cages” narrative peddled by liberals—and that true compassion means stopping the perilous journeys cartels profit from. Homan, a veteran enforcer, has long advocated ending Flores to restore order, emphasizing public safety threats first but warning no one’s off the table if here illegally.

As the border quiets under Trump’s renewed focus—crossings down sharply since his return— the BBB’s detention tweak could prove pivotal in dismantling the catch-and-release system that conservatives blame for years of chaos. It’s a reminder that secure borders aren’t just policy; they’re essential to protecting American sovereignty and families alike.