The Flores Settlement Agreement (FSA) is a legal agreement that was first implemented in 1997 to establish standards of care for children who are in the custody of the United States immigration authorities. The FSA was entered into following a lawsuit against the United States government on behalf of unaccompanied minors, who were being detained in poor conditions.

The FSA set out to ensure that children who are detained by immigration authorities are treated humanely, with dignity and respect. The agreement stipulated that children must be provided with access to medical care, education, and recreation, and that they must not be held in detention for extended periods of time.

Despite the benefits that the FSA has provided for children in immigration custody, there has been significant debate over the years about whether the FSA is actually law. Some argue that the FSA is simply a settlement agreement between the parties involved in the lawsuit that led to its implementation. Others argue that the FSA is a legal precedent that binds the government to certain obligations.

The debate over whether the FSA is law has implications for how the United States government treats children who are in immigration custody. If the FSA is considered law, it would mean that the government is legally obligated to comply with its provisions. If the FSA is not considered law, then the government may be able to disregard its provisions without legal consequences.

In recent years, the Trump administration has taken actions to try to dismantle the FSA. In 2018, for example, the government attempted to withdraw from the agreement altogether. This move was met with legal challenges, and a federal judge issued an order requiring the government to continue to comply with the FSA.

Despite ongoing debate about the legal status of the FSA, it remains an important agreement that sets out to protect the rights of children in immigration custody. As long as the agreement is in place, it is incumbent upon the government to comply with its provisions, and to ensure that children who are in immigration custody are treated with dignity and respect.