DOJ submitted an application to Flores v. Sessions, which asks the court to grant limited emergency assistance to exempt DHS, among other things, from the provisions relating to the release of the Flors Settlement Agreement. (Flores v. Sessions, 21.6.18) The court had ordered the government to bring their treatment to asylum-seeking families to date, 23 October, in accordance with Flores` agreement. As the government did not wish to reside, the court order was upheld, while the government`s appeal to the Ninth arrondissement progressed and, as of today, children should be released “without unnecessary delay”.” (See this brochure for more information on the litigation and its impact on family detention.) In June 2019 Three judges of the Ninth Court of Appeal heard the case, 17-56297 Jenny Flores v. William Barr, in which Sarah Fabian, the chief justice of the Department of Justice of the Immigration Litigation Office, asked the court to overturn Judge Gee`s 2017 order, “the government requires inmates to provide hygiene products such as soap and toothbrushes to meet the “safe and hygienic conditions” set out in Flores Settlement. In the June 20, 2019, proceeding, Judge William Fletcher said it was “inconceivable” that the U.S. government would consider it “safe and sanitary” to detain migrant children in conditions where it was “cold all night, lit all night, sleeping on concrete and you had an aluminum blanket?”   Fabian stated that the Flores agreement, which imposes “safe and hygienic” conditions for the children of detained migrants, is “vague,” allowing federal authorities to determine “health protocols”.  It was not mandatory for the government to provide appropriate toothbrushes, soap or sheets for minors in their custody.  Videos of the hearing were posted on social media. One of the judges, Justice A. Wallace Tashima, was held in an internment camp as a child. According to the Los Angeles Times, “the case sparked national outrage” when the videos of the hearing went viral.
 In June 2018, the Flores agreement received increased public attention when Trump, his administration and his supporters invoked the FSA and democratic resistance to justify the Trump administration`s family separation policy, where all adults detained on the U.S.-Mexico border were prosecuted and transferred to federal prisons. , while children and young children were placed under U.S. supervision.