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Garcia Ramirez v. U.S. Immigration and Custom Enforcement

2026-09-15

Authorities cited

Opinion

majority opinion

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

WILMER GARCIA RAMIREZ, et al., :

:

Plaintiffs, : Civil Action No.: 18-508 (RC)

:

v. : Re Document Nos.: 471, 472

:

U.S. IMMIGRATION AND :

CUSTOMS ENFORCEMENT, et. al., :

:

Defendants. :

MEMORANDUM OPINION

GRANTING IN PART AND DENYING IN PART PLAINTIFFS’ MOTION TO MODIFY THE COURT’S MONITORING AND ENFORCEMENT ORDER; GRANTING PLAINTIFFS’ UNOPPOSED MOTION TO

SEAL

I. INTRODUCTION

In 2021, following a four-week bench trial, the Court issued a Permanent Injunction

requiring Defendants—U.S. Immigration and Customs Enforcement (“ICE”), the Acting

Director of ICE, the Department of Homeland Security (“DHS”), and the Secretary of Homeland

Security—to comply with their statutory obligations under 8 U.S.C. § 1232(c)(2)(B). The

injunction followed the Court’s finding that ICE had violated the Administrative Procedure Act

in its treatment of eighteen-year-olds who had entered the United States as unaccompanied alien

children (known as “age-outs”). Section 1232(c)(2)(B) requires ICE to “consider plac[ing]” ageouts in the “least restrictive setting available after taking into account” specified risk factors and

to make them “eligible to participate in alternative to detention programs.” 8 U.S.C.

§ 1232(c)(2)(B). The Court found that ICE had failed to follow the procedures necessary to carry

out those statutory requirements and had refused to take actions that the statute required.

The Court retained jurisdiction for five years and established supervisory mechanisms to

ensure Defendants’ continued compliance. That period of supervision is now nearing its end. The

Court’s jurisdiction and the supervisory mechanisms established by the Permanent Injunction are

set to expire on September 21, 2026. Yet, since December 2025, the Court has found Defendants

in violation of the Permanent Injunction and subsequent enforcement orders on three separate

occasions.

Plaintiffs therefore move under Federal Rule of Civil Procedure 60(b)(5) to extend the

Court’s jurisdiction and supervisory mechanisms for an additional three years. They contend that

Defendants’ repeated violations constitute a significant change in circumstances warranting

continued oversight and that a three-year extension is suitably tailored to address that change and

effectuate the purpose of the Permanent Injunction. The Court agrees that continued oversight is

necessary. However, the Court concludes that the most appropriate approach is to assess the need

for continued Court oversight in reasonable incremental periods. The Court thus grants a twoyear extension.

II. BACKGROUND 1

In 2021, the Court entered Final Judgment and issued a Permanent Injunction enjoining

Defendants from violating 8 U.S.C. § 1232(c)(2)(B), requiring ICE to provide age-outs the

individualized consideration required by the statute. See Mem. Op. & Order Granting in Part and

Den. in Part Pls.’ Mot. Entry Final J. & Perm. Inj. (“Final J. & Perm. Inj. Mem. Op.”), ECF No.

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This matter arises from the Court’s ongoing supervision and enforcement of its prior orders governing the detention and release of former unaccompanied children (“age-outs”) under 8 U.S.C. § 1232(c)(2)(B). This case has a complex factual and procedural history that has been recounted in several of this Court’s prior opinions in this matter. The Court therefore presumes familiarity with those prior opinions and recounts here only the facts, allegations, and procedural history relevant to the present motion.

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367. The Court also imposed several supervisory mechanisms to ensure Defendants’ continued

compliance and retained jurisdiction over the case for five years following entry of the Final

Judgment. See Final J. & Perm. Inj. Order, ECF No. 368. Those mechanisms include, among

other things, requirements that Defendants: make age-out placement determinations in

accordance with the Court’s decision and agreed-upon training materials; maintain and share a

nationwide list of organizational sponsors accepting age-outs; timely complete and preserve

worksheets and supporting documentation for each custody determination; provide specified

training and update relevant guidance; and provide Plaintiffs with monthly reports containing

information and documentation concerning all age-outs. Id. §§ I–VI. The Order also authorizes

Plaintiffs’ counsel to monitor Defendants’ compliance through those reports and other

reasonably related information and to raise compliance concerns with the Court. Id. § VII. The

Court’s jurisdiction and these supervisory mechanisms are set to expire on September 21, 2026.

See Final J. & Perm. Inj. Mem. Op.at 31.

For approximately four years following the Permanent Injunction’s issuance, Defendants

remained in compliance with the Court’s final judgment and injunction order. See Mem. Op.

Granting Pls.’ Mot. Enforce Final J. & Perm. Inj. (“December 2025 Mem. Op.”) at 2, 24, ECF

No. 436. That changed in 2025. Since December 2025, and based on conduct dating back to July

2025, the Court has found Defendants in violation of the Permanent Injunction and subsequent

enforcement orders on three separate occasions. See id. at 8; Mem. Op. Granting in Part and Den.

in Part Pls.’ Mot. Clarify & Enforce (“June 2026 Mem. Op.”) at 12, ECF No. 456; Mem. Op.

Granting Pls.’ Mot. Enforce (“July 2026 Mem. Op.”) at 2, ECF No. 469. Thus, after

approximately four years of compliance, the final year of the Court’s five-year supervisory

period has been marked by repeated findings of noncompliance.

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Before the expiration of the Court’s jurisdiction, Plaintiffs moved under Federal Rule of

Civil Procedure 60(b)(5) to modify the Final Judgment and Permanent Injunction order and

extend the Court’s jurisdiction and corresponding oversight mechanisms for an additional three

years. 2 See Pls.’ Mot. Modify Ct.’s Monitoring & Enforcement Order (“Pls.’ Mot.”) at 1, ECF

No. 471. Plaintiffs contend that Defendants’ substantial noncompliance constitutes a significant

change in circumstances warranting continued oversight and that a three-year extension is

suitably tailored to ensure lasting compliance with § 1232(c)(2)(B), consistent with the purpose

of the Permanent Injunction. Id. at 16–20.

Defendants respond that 8 U.S.C. § 1252(f)(1) deprives the Court of jurisdiction to grant

the requested relief. Defs.’ Resp. Opp’n Pls.’ Mot. Modify (“Defs.’ Opp’n”) at 7–9, ECF No.

475. They also dispute that their recent noncompliance constitutes a significant change in

circumstances, emphasizing that they remained in compliance for four of the five years following

entry of the Permanent Injunction. Id. at 10–12. Finally, Defendants contend that a three-year

extension is not suitably tailored to the circumstances and would instead be punitive; at most,

they maintain, any extension should be tied to the duration of time during which violations

occurred. Id. at 12–15.

III. LEGAL STANDARD

Under Federal Rule of Civil Procedure 60(b)(5), courts may modify an injunction where

prospective application is “no longer equitable.” Gov’t of Province of Manitoba v. Zinke, 849

F.3d 1111, 1117 (D.C. Cir. 2017). The party seeking modification bears the burden of showing

“a significant change in circumstances” warranting revision. Id. (quoting Rufo v. Inmates of

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Pursuant to the protective order governing this case, ECF No. 63, Plaintiffs seek leave to file under seal exhibits in support of their motion, see Pls.’ Unopposed Mot. Seal, ECF No. 472. The Court grants such leave.

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Suffolk Cty. Jail, 502 U.S. 367, 383 (1992)); see Horne v. Flores, 557 U.S. 433, 447 (2009). A

significant change may be shown by a change in factual conditions or law, and modification is

appropriate when continued enforcement would be detrimental to the public interest. Manitoba,

849 F.3d at 1117 (first citing Rufo, 502 U.S. at 384; then Horne, 557 U.S. at 453). Once that

threshold is met, “a court abuses its discretion when it refuses to modify an injunction” in light of

the changed circumstances. Id. (quoting Horne, 557 U.S. at 447); see Agostini v. Felton, 521

U.S. 203, 215 (1997). The proposed modification, moreover, must be “suitably tailored to the

changed circumstance.” Id. (quoting Rufo, 502 U.S. at 383).

IV. ANALYSIS

The Court has retained jurisdiction over this case for five years and imposed supervisory

mechanisms to ensure Defendants’ compliance with the Permanent Injunction. Plaintiffs now ask

the Court to extend that oversight for an additional three years based on Defendants’ recent

violations of the Permanent Injunction and the Court’s enforcement orders. Pls.’ Mot. at 1.

Defendants oppose the requested extension. They raise both a Section 1252(f)(1) objection to the

Court’s authority to grant the requested relief and objections to the need for continued oversight.

Defs.’ Opp’n at 1–3. The Court addresses those issues in turn. It first considers Defendants’

challenge under Section 1252(f)(1). It then considers whether the circumstances warrant

extending the Permanent Injunction and, if so, whether the requested three-year extension is

appropriately tailored.

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A. Section 1252(f)(1)

Defendants assert that Section 1252(f)(1) deprives this Court of the authority to enjoin

them from continuing to violate Section 1232(c)(2)(B) on a class-wide basis. 3 Id. at 7–9.

According to Defendants, extending the Permanent Injunction would “restrain” the “operation”

of a provision covered by Section 1252(f)(1): 8 U.S.C. § 1225. Id. at 7–8. Defendants have raised

this challenge to the Court’s authority to issue injunctive relief multiple times throughout this

litigation. See Mem. Op. Den. Defs.’ Mot. Dismiss & Granting Pls.’ Mot. for Class Cert. (“MTD

& Class Cert. Mem. Op.”) at 68–69, ECF No. 50; December 2025 Mem. Op. at 36–37. The

Court has rejected it before, and it does so again. The D.C. Circuit’s recent decision in Refugee

& Immigrant Center for Education. & Legal Services v. Mullin, 174 F.4th 81 (D.C. Cir. 2026)

(“RAICES”) confirms the Court’s prior conclusion that Section 1252(f)(1) does not bar the relief

Plaintiffs seek. See 174 F.4th at 118. Moreover, even if Section 1252(f)(1) otherwise applied,

Defendants waived that objection by voluntarily dismissing their appeal of the Final Judgment

and Permanent Injunction order. See U.S. Ct. App. Mandate (“Cir.’s Mandate”), ECF No. 404.

As this Court previously held, Section 1252(f)(1) does not bar injunctive relief merely

because that relief may affect how Defendants implement Section 1225(b). December 2025

Mem. Op. at 35–37. Section 1232(c)(2)(B), the provision with which Defendants have been

ordered to comply, is not among the provisions subject to Section 1252(f)(1). 4 And the Supreme

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Section 1252(f) places certain limits on injunctive relief in cases concerning certain statutory provisions of immigration law. See 8 U.S.C. § 1252(f). Specifically, Section 1252(f)(1) provides: “Regardless of the nature of the action or claim or of the identity of the party or parties bringing the action, no court (other than the Supreme Court) shall have jurisdiction or authority to enjoin or restrain the operation of the provisions of part IV of [the Immigration and Nationality Act] . . . other than with respect to the application of such provisions to an individual alien against whom proceedings under such part have been initiated.” Id.

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Defendants do not argue that Section 1232(c)(2)(B) is a provision covered by Section 1252(f)(1). See Defs.’ Opp’n at 7–9. Nor could they. As this Court previously explained, Section

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Court has rejected the notion that Section 1252(f)(1) prohibits an injunction merely because it

has “downstream effects on the detention of unlawful immigrants,” Molina v. U.S. Dep't of

Homeland Sec., 811 F. Supp. 3d 1, 56 (D.D.C. 2025). Rather, “a court may enjoin the unlawful

operation of a provision that is not specified in § 1252(f)(1) even if that injunction has some

collateral effect on the operation of a covered provision.” Garland v. Aleman Gonzalez, 596 U.S.

543, 553 n.4 (2022) (emphasis in original).

The D.C. Circuit recently confirmed the same principle in RAICES. See 174 F.4th at

118–19. There, the court held that § 1252(f)(1) did not bar an injunction requiring the

Government to comply with a non-covered statutory provision when carrying out removals, even

if it had some indirect effect on the government’s adherence of a covered statute:

[W]e [are not] persuaded by the Government’s argument that the injunction violates

Section 1252(f)(1) because it could have the indirect effect of compelling the

Executive to adhere to the INA’s exclusive removal procedures, 8 U.S.C. §§ 1229a

and 1225(b)(1), both of which are codified in Part IV of the INA. The injunction

does not mandate removals; it requires only that if the Executive removes foreign

individuals, it does so consistent with statutory and regulatory provisions that

govern asylum and withholding of removal—neither of which are in Part IV of the

INA.

Id. at 118.

So too here. The Permanent Injunction does not concern the operation of Section

1225(b). It requires only that Defendants make an age-out placement decision consistent with

Section 1232(c)(2)(B), which is not a provision covered by Section 1252(f)(1). Final J. & Perm.

1232(c)(2)(B) is not a covered provision. See December 2025 Mem. Op. at 36–37 (citing L.G.M.L. v. Noem, No. 25-cv-2942, 2025 WL 2671690 (D.D.C. Sept. 18, 2025)). Section 1232(c)(2)(B) was enacted as an amendment to the Trafficking Victims Protection Reauthorization Act of 2008 (“TVPRA”), not the Immigration and Nationality Act (“INA”), Part IV of which is the subject of Section 1252(f)(1). See Violence Against Women Reauthorization Act of 2013, Pub. L. No. 113-4, § 1261, 127 Stat. 54, 156 (amending § 235(c)(2) of the TVPRA, as codified at 8 U.S.C. § 1232(c)(2)(B)); see also L.G.M.L., 2025 WL 2671690, at *123 n.6 (“[Section] 1252(f)(1) [does] not preclude class-wide injunctive relief affecting § 1232.”).

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Inj. Mem. Op. at 30–31. Any effect on Defendants’ implementation of Section 1225(b) is

therefore indirect and collateral. As in RAICES, that incidental effect does not transform an

injunction enforcing a non-covered statutory provision into one that “enjoin[s] or restrain[s] . . .

the operation” of a provision covered by Section 1252(f)(1). See RAICES, 174 F.4th at 117–19.

In any event, Defendants have waived any claim that Section 1252(f)(1) deprives this

Court of authority to enjoin violations of Section 1232(c)(2)(B) or enforce the Permanent

Injunction on a class-wide basis. See Cir.’s Mandate (granting voluntary dismissal). Defendants

raised the same Section 1252(f)(1) objection in opposing class certification in 2018, arguing that

the requested class-wide injunction would “enjoin the operation of § 1232(c)(2)(B) and other

detention provisions, including § 1225(b).” Defs.’ Opp. Class Cert. at 22–24, ECF No. 31. The

Court has rejected that argument, explaining that the relevant statute against which the injunction

would run was Section 1232(c)(2)(B), not the other detention provisions identified by

Defendants. December 2025 Mem. Op. at 36. Defendants nonetheless voluntarily dismissed their

appeal of the Court’s Final Judgment and Permanent Injunction order as part of a settlement

resolving a dispute over attorneys’ fees. See Cir.’s Mandate (dismissing appeal); Settlement

Agreement at 3–5, ECF Nos. 402-1 (memorializing Defendants’ agreement to dismiss their

appeal and resolving attorneys’ fees). Having raised the objection, litigated it before this Court,

and then abandoned their appeal, Defendants cannot now invoke the same objection to defeat

continued enforcement of the Permanent Injunction.

Defendants respond that Section 1252(f)(1) is a “jurisdictional provision” that is not

“waivable.” Defs.’ Opp’n at 9. But Section 1252(f)(1)’s use of the term “jurisdiction” does not

itself establish that the provision deprives a court of subject-matter jurisdiction. The Seventh

Circuit recently considered and rejected the same argument in Castanon-Nava v. U.S.

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Department of Homeland Security, 175 F.4th 828 (7th Cir. 2026), in the context of a challenge to

an extension of a consent decree. The court held that an objection under Section 1252(f)(1) is

waivable because the provision limits a court’s authority to grant certain injunctive relief; it does

not deprive the court of subject-matter jurisdiction. Id. at 837–38. Relying on Biden v. Texas, 597

U.S. 785 (2022), the court explained that, although Section 1252(f)(1) uses the term

“jurisdiction,” it does not restrict a federal court’s power to hear or adjudicate a case. See

Castanon-Nava, 175 F.4th at 837. Rather, it “is nothing more or less than a limit on injunctive

relief.” Id. (emphasis in original) (quoting Biden, 597 U.S. at 801). The court further analogized

Section 1252(f)(1) to equitable-jurisdiction doctrines, which likewise constrain a court’s

remedial authority but are subject to waiver. Id. at 837–838. Because Defendants there had

repeatedly raised the Section 1252(f)(1) objection before entering into a consent decree, but then

abandoned that objection to obtain the benefits of settlement, the court concluded that they had

intentionally relinquished a known right and therefore waived the defense. Id. at 837–38.

The Court finds Castanon-Nava’s reasoning persuasive and applicable here. 5 As in

Castanon-Nava, Defendants here raised their Section 1252(f)(1) objection before this Court,

litigated it, and then voluntarily abandoned their appeal as part of a settlement agreement. See

MTD & Class Cert. Mem. Op. at 68–69; Cir.’s Mandate; Settlement Agreement, at 3–5. And

Defendants did so after the Supreme Court had decided Aleman Gonzalez, which clarified the

scope of Section 1252(f)(1). See supra p.7. Thus, when Defendants chose to abandon their

appeal, they did so with the benefit of the very Supreme Court precedent on which they now cite

in support of their objection. See Defs.’ Opp’n at 7–8. Having raised the defense, litigated it

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This Court is not the first to find so. See J.O.P. v. U.S. Dep’t of Homeland Sec., No. CV SAG-19-01944, 2026 WL 1469149, at *12 (D. Md. May 26, 2026) (finding Defendants’ Section 1252(f)(1) challenge had been waived per Castanon-Nava).

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before this Court, and then voluntarily relinquished it, Defendants cannot now revive the same

objection to defeat continued enforcement of the Permanent Injunction. As the Seventh Circuit

explained, a party that “abandoned the argument” to “obtain the benefits of settlement” thereby

“waiv[ed] it.” Castanon-Nava, 175 F.4th at 837. And “[i]t would be an abuse of discretion for a

court to override a defendant’s deliberate waiver of a defense.” Maalouf v. Islamic Republic of

Iran, 923 F.3d 1100, 1112 (D.C. Cir. 2019) (first citing Wood v. Milyard, 566 U.S. 463, 472–73

(2012); then Day v. McDonough, 547 U.S. 198, 210 n.11 (2006)). Thus, whether considered on

the merits or in light of Defendants’ deliberate waiver, Section 1252(f)(1) does not preclude the

Court from enforcing or extending the Permanent Injunction.

B. Modifying The Court’s Monitoring and Enforcement Order

Having concluded that Section 1252(f)(1) does not preclude enforcement or extension of

the Permanent Injunction, the Court must next determine whether an extension is warranted. The

Court concludes that it is. Defendants’ recent and repeated violations of the Permanent

Injunction and the Court’s enforcement orders constitute a significant change in circumstances

warranting continued oversight. And, given the nature and timing of those violations, allowing

the Court’s jurisdiction and existing oversight mechanisms to expire would be detrimental to the

public interest. The Court therefore considers whether Plaintiffs’ requested three-year extension

is suitably tailored to those changed circumstances. Although Plaintiffs emphasize that three

years is less than the original five-year period of oversight, the Court concludes that the

circumstances presented here warrant an incremental approach. The Court will therefore extend

its jurisdiction and the existing oversight mechanisms for two years. Should Defendants’

noncompliance continue during that period, and should continued oversight remain necessary to

protect the public interest, Plaintiffs may seek a further extension as appropriate.

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1. Plaintiffs Have Established Significant Changed Circumstances.

Plaintiffs first assert that a significant change in factual circumstances warrants extending

the Court’s oversight based on Defendants’ recent and repeated violations of the Permanent

Injunction. Pls.’ Mot. at 1. Certainly, “[t]he failure of substantial compliance with the terms of a

[court’s order] can qualify as a significant change in circumstances that would justify [its]

temporal extension.” Lab./Cmty. Strategy Ctr. v. L.A. Cnty. Metro. Transp. Auth., 564 F.3d 1115,

1120–21 (9th Cir. 2009); see also Holland v. N.J. Dep’t of Corr., 246 F.3d 267, 284 (3d Cir.

2001) (recognizing that courts have extended a decree when “one party was in substantial noncompliance with the decree”). Defendants respond that they have remained in substantial

compliance because they complied with the Permanent Injunction for the first four years of its

existence. The Court disagrees.

The Court recognizes Defendants’ initial compliance. But the Court cannot ignore that,

within a matter of months, it has found on three separate occasions that Defendants violated the

Permanent Injunction and subsequent enforcement orders by detaining age-outs without

undertaking the decision-making process required by Section 1232(c)(2)(B) and failing to

comply with the injunctions’ oversight requirements. See December 2025 Mem. Op. at 2; June

2026 Mem. Op. at 11–12; July 2026 Mem. Op. at 2. The timing of those violations is particularly

significant. The Court’s most recent findings have occurred in the final months before the

expiration of the Court’s jurisdiction and the supervisory mechanisms established to ensure

compliance.

Although the Court has addressed Defendants’ violations in prior opinions, the nature and

progression of those violations bear directly on whether circumstances have significantly

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changed since entry of the Permanent Injunction and whether continued oversight remains

necessary. The Court therefore briefly recounts its three prior rulings.

a. Court’s December 2025 Order

In December 2025, the Court first enforced the Permanent Injunction after Defendants

adopted a new policy governing the custody and release of age-outs transferred from HHS to

ICE custody upon turning eighteen. See December 2025 Mem. Op. at 2. Under the new policy,

individuals who otherwise would have been eligible for a less restrictive placement were

subjected to a separate parole review, under which release depended on a showing of “urgent

humanitarian reasons” or “significant public benefit.” Id. at 19–20. The Court held that the

policy violated the Permanent Injunction because it effectively displaced the statutory criteria

governing the placement of age-outs and made the availability of a less restrictive setting turn on

additional criteria not contained in Section 1232(c)(2)(B). See id. at 21–28.

The Court was also troubled by the manner in which the Government implemented the

policy. ICE put the policy into effect without notifying class counsel, the legal-service providers

representing affected age-outs, or the sponsors prepared to receive them; abruptly cancelled

previously approved post-18 release plans, in some instances without explanation; and initially

withheld the policy from Plaintiffs, requiring the Court to order its production after Plaintiffs

sought emergency relief. Id. at 39–40. The Court found that the Government’s “rapid

implementation” of the policy “without advance notice and without any meaningful explanation”

suggested “an effort to obscure or downplay the Policy’s existence.” Id. at 40. (citing Bowen v.

City of New York, 476 U.S. 467, 475 (1986)). 6

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The Court’s citation to Bowen reflected the significance of Defendants’ failure to provide advance notice of the policy or even recognize its existence. As the Supreme Court explained in Bowen, “the Government’s secretive conduct” can “prevent[] plaintiffs from

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Defendants also engaged in a separate practice of clawing back releases that had already

occurred. They re-arrested and detained individuals shortly after releasing them, even though

there had been no material change in circumstances warranting their re-arrest. Id. at 31–34. The

Court found that conduct inconsistent with the Permanent Injunction. Id. at 34. Allowing the

Government to release an age-out pursuant to the required process under Section 1232(c)(2)(B),

only to promptly re-arrest that individual without a material change in circumstances, would

permit Defendants to undo the very protection the statute was meant to provide. Id. at 32. The

practice was particularly significant because it operated as a mechanism for circumventing the

Permanent Injunction. Id. The Government could provide the release to which an individual was

entitled under the statute, then take that protection back almost immediately. Id. at 32, 34. The

Court characterized this as a “workaround” that allowed the Government to “thwart the Court’s

scrutiny (and Congress’s intent).” Id. at 31.

Thus, the Court’s concern was not merely that the Government made individual

placement decisions that violated the Permanent Injunction; it was also troubled by conduct that

functionally defeated the statutory and judicial protections the Permanent Injunction was

designed to secure. Id. at 32. The Court therefore enforced the Permanent Injunction, concluding

that the Government could not evade its requirements through either the new policy or the

subsequent re-arrests. Id. at 39–40.

knowing of a violation of their rights.” 476 U.S. at 481. Here, Defendants’ lack of transparency made the policy—and the resulting violations—more difficult for Plaintiffs to identify and challenge, despite Plaintiffs functioning as the Court-appointed monitors. See December 2025 Mem. Op at. 39–40.

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b. Court’s June 2026 Order

Shortly after the Court issued its December 2025 Order, Plaintiffs moved in March 2026

to enforce the Permanent Injunction and the Court’s prior order. See June 2026 Mem. Op. at 2. In

June 2026, the Court again found that Defendants had violated the Permanent Injunction. See,

e.g., id. at 12.

ICE had rearrested individuals previously released based on purportedly “materially

changed circumstances,” including traffic violations, chance encounters with law enforcement,

and failures to update an address. Id. at 5–7. But ICE often failed to explain how those

circumstances demonstrated that the particular age-out had become a danger to the community or

a flight risk—the very considerations the statute required ICE to make. Id. at 12–16. The Court

therefore found that ICE appeared to be applying the Permanent Injunction in a manner the Court

had not intended, using relatively minor or unrelated events to undo prior release determinations.

Id. at 15–16. ICE then compounded that noncompliance by delaying the release of age-outs

whom it had itself determined should be released, in some cases for weeks. Id. at 9 (noting that

Defendants delayed the release of an age-out whom they themselves determined was releasable

after five-and-a-half weeks of detention). The Court rejected the notion that such delays were

consistent with its orders or Section 1232(c)(2)(B), emphasizing that all court orders, including

its directives to release improperly detained individuals, require prompt compliance. Id. at 21–

24.

The Court further found that Defendants’ conduct frustrated the oversight mechanisms

established by the Permanent Injunction. Plaintiffs’ counsel were responsible for monitoring

ICE’s compliance with Section 1232(c)(2)(B), a role the Government had agreed Plaintiffs could

perform in lieu of an independent monitor. Id. at 16–17. Yet, when Plaintiffs sought to determine

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whether ICE’s rearrests complied with the Permanent Injunction, Defendants provided only

abbreviated spreadsheet descriptions of the purported changed circumstances. Id. at 18. When

those descriptions did not appear to indicate a material change, Defendants resisted producing

the underlying records on which their decisions were based. Id. at 16–21. The Court found that

this resistance and ultimate failure to disclose the records impeded Plaintiffs’ meaningful

monitoring, particularly given Defendants’ history of noncompliance and prior lack of

transparency. Id. at 18–21. Thus, Defendants were not merely failing to comply with the

substantive statutory requirements governing rearrest and release; their conduct also impeded the

very mechanism the Court had established—and the Government had accepted—for detecting

and addressing such noncompliance. See id.

Moreover, the Court was troubled by Defendants’ belated assertion that a writ of habeas

corpus was the exclusive vehicle through which class members could obtain relief—an argument

Defendants had never advanced during the prior eight years of litigation. Id. 24–25. Defendants’

new position was also inconsistent with the position they had taken just months earlier in a

different case, Singh v. Noem, No. 2:26-CV-00402-TLF, 2026 WL 696835 (W.D. Wash. Mar.

12, 2026), where they argued that, because an age-out was a Garcia Ramirez class member, his

custody challenge was “governed by the class-wide remedial framework” established in this

case. Id. at 24–25 & n.9. Although the Singh court ultimately rejected the Government’s reliance

on this class action because the petitioner’s constitutional due-process claim there differed from

the claims here, Defendants’ inconsistent positions raised serious judicial-estoppel concerns;

Defendants could not invoke the class framework when convenient and disavow it when not. Id.

at 24–25 n.9.

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c. Court’s July 2026 Order

In July 2026, the Court was required to enforce the Permanent Injunction for a third time,

mere weeks after its June 2026 Order. The July 2026 Order concerned the rearrest and continued

detention of two age-outs, H.M.A. and Y.Z.P. At that point, both had been detained for nearly

seven months. July 2026 Mem. Op. at 3. In both cases, the Court found that ICE had relied on

certain facts as categorical indicators of flight risk or dangerousness rather than assessing

whether, in the particular circumstances of the individual, those events actually supported

rearrest and detention. E.g., id. at 7–8. And for each age-out, Defendants relied on additional

post-hoc rationalizations supplied only when the contemporaneous justification for the detention

decisions was challenged by Plaintiffs. Id. at 8–9, 12–13.

For H.M.A., ICE relied on a missed check-in and alleged violations of his release

conditions as evidence of flight risk. Id. at 8. But the Court found that ICE had failed to account

for circumstances bearing directly on that risk. H.M.A. had complied with his prior check-ins

and, critically, had appeared for his removal hearing after the missed appointment. Id. at 6–8.

The problem, therefore, was not simply that ICE failed to consider one additional fact. ICE

effectively treated the missed check-in as sufficient evidence of flight risk without undertaking

the individualized assessment necessary to determine whether that event actually demonstrated

that H.M.A. was likely to abscond. Id. at 8. The Court concluded that ICE had failed to consider

an important aspect of the flight-risk inquiry and that the resulting detention decision was

therefore arbitrary and capricious. Id. Defendants also attempted to justify H.M.A.’s detention

based on his alleged failure to obtain a passport, which they contended violated his conditions of

release. Id. at 8–11. But that rationale was not invoked when H.M.A. was rearrested and

detained; the contemporaneous record identified only his missed ICE check-in as the basis for

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detention. Id. at 9. Notably, Defendants had not provided Plaintiffs with a copy of the purported

conditions of release on which they relied, despite the Court’s prior June 2026 Order requiring

Defendants to produce such records. Id. at 9 n.3. Thus, Defendants supplied a new justification

for H.M.A.’s detention seven months after the fact, while failing to produce to Plaintiffs the

underlying release conditions they invoked to support it.

The same categorical approach appeared in ICE’s treatment of Y.Z.P. ICE relied on the

existence of a misdemeanor conviction to conclude that Y.Z.P. posed a danger to the community,

without adequately considering the circumstances underlying the offense, its nature or severity,

or whether it demonstrated any continuing danger. Id. at 11–14. The conviction thus functioned

as a categorical proxy for dangerousness rather than as one factor to be assessed in light of the

individual’s actual circumstances. See id. at 11–12. ICE also attempted to supply the missing

individualized analysis through a declaration prepared nearly seven months after Y.Z.P.’s

detention, which the Court rejected as a post hoc rationalization. Id. at 12. And although ICE

invoked a missed check-in as additional evidence of flight risk, that rationale had not been relied

upon when Y.Z.P. was rearrested. Id. at 15. Even considering it, the Court found that ICE failed

to account for Y.Z.P.’s prior compliance with check-ins, fixed residence, employment,

community ties, and other circumstances bearing directly on whether he was likely to appear for

future proceedings. Id. at 15–16.

***

Viewed together, these three rulings establish a significant change in circumstances under

either of two independent grounds: Defendants’ recent conduct constitutes substantial

noncompliance with the Permanent Injunction; and even assuming Defendants’ approximately

four years of prior compliance could preclude a finding of substantial noncompliance, the

17

circumstances now confronting the Court make it detrimental to the public interest to allow the

existing permanent injunction order and its supervisory mechanisms to expire without

modification.

First, Defendants’ recent conduct constitutes substantial noncompliance. Assessing

substantial compliance is not an exercise in arithmetic. Rather, courts must take a “holistic view

of all the available information” and “do more than simply count the number of technical

deviations from the [court’s order].” Lab./Cmty. Strategy Ctr., 564 F.3d at 1122; see also R.C. ex

rel. the Ala. Disabilities Advoc., Program v. Walley, 475 F. Supp. 2d 1118, 1138 (M.D. Ala.

2007) (“It would be superficial . . . to predicate a finding [of substantial compliance] on a pure

percentage basis, i.e., to say that a compliance ratio of . . . 70 percent either does or does not

equate substantial compliance”), aff’d sub nom. R.C. ex rel. Ala. Disabilities Advoc. Project v.

Walley, 270 F. App’x 989 (11th Cir. 2008); Joseph A. by Wolfe v. N.M. Dep’t of Hum. Servs., 69

F.3d 1081, 1085 (10th Cir. 1995) (“The phrase ‘substantial compliance’ is not susceptible of a

mathematically precise definition.”). “[S]ubstantiality must depend on the circumstances of each

case, including the nature of the interest at stake and the degree to which noncompliance affects

that interest.” Joseph A. by Wolfe, 69 F.3d at 1085 (citation modified) (quoting Fortin v. Comm’r

of the Dep’t of Mass. Pub. Welfare, 692 F.2d 790, 795 (1st Cir. 1982)). The relevant question is

therefore not simply whether Defendants can point to a longer period of compliance than

noncompliance, but what their recent conduct, considered as a whole, reveals about their present

compliance with the Permanent Injunction.

Here, the Court’s recent rulings reveal a pattern of noncompliance substantial in both

nature and scope. Within approximately seven months, the Court has found a multitude of

violations, most involving the core substantive obligation imposed by the Permanent

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Injunction—that is, Defendants’ obligation to make the individualized risk assessment mandated

by Section 1232(c)(2)(B) before making an age-out detention determination. Defendants’

violations have not been confined to isolated errors in individual cases. They have included

categorical rather than individualized assessments, attempts to justify and supply deficient

reasoning after the fact, and failures to provide information necessary for Plaintiffs to perform

their Court-authorized monitoring function. The recent record thus reflects recurring deficiencies

in both Defendants’ substantive decision-making and their compliance with the oversight

mechanisms the Permanent Injunction established.

That pattern is significant for another reason. Defendants’ violations cannot reasonably

be attributed to uncertainty about their legal obligations. The governing standards are neither

novel nor unclear. As the Court previously and repeatedly explained, when it ordered Defendants

to cease rearresting and detaining age-outs absent “materially changed circumstances,” it “did

not create a novel standard from whole cloth.” June 2026 Mem. Op. at 12; see also December

2025 Mem. Op. at 31–32 n.11. Rather, the Court applied a well-established standard requiring an

individualized determination that circumstances have materially changed such that an individual

presents a flight risk or danger. See June 2026 Mem. Op. at 13; see also December 2025 Mem.

Op. at 31–32 n.11. Such a standard “ensures that detention decision[s] rest[] on individualized

assessments of changed circumstances rather than categorical assumptions.” June 2026 Mem.

Op. at 13 (quoting Ledesma Gonzalez v. Bostock, 808 F. Supp. 3d 1189, 1200 (W.D. Wash.

2025)); see also December 2025 Mem. Op. at 31–32 n.11 (same). The Court has repeatedly

explained those requirements to Defendants, and Defendants operated under them for

approximately four years previously. The recent violations therefore cannot readily be ascribed

to a lack of notice or uncertainty as to how to comply with the statute or the Permanent

19

Injunction. Instead, they represent a stark and sudden change in Defendants’ practices, indicating

that Defendants have reverted to the same “agency recalcitrance and resistance to the fulfillment

of its legal duties” that the Court observed when it issued the Permanent Injunction. Final J. &

Perm. Inj. Mem. Op. at 16 (quoting Cobell v. Norton, 240 F.3d 1081, 1109 (D.C. Cir. 2001); see

also Manitoba, 849 F.3d at 1121 (“[T]he significant change in factual conditions inquiry should

include whether the risks that led to injunctive relief have been ‘ameliorated, if not eliminated, as

a result of changed circumstances.’” (quoting Petties ex rel. Martin v. D.C., 662 F.3d 564, 571

(D.C. Cir. 2011))).

These violations also go to the heart of the Permanent Injunction. Section 1232(c)(2)(B)

requires individualized consideration before an age-out may be detained, and the Permanent

Injunction was designed to ensure that Defendants actually perform that individualized inquiry.

The Court’s recent rulings demonstrate that Defendants have repeatedly failed to do so.

Defendants’ recent conduct therefore raises concerns not merely about a multitude of deficient

custody decisions, but about whether the institutional practices necessary to sustain compliance

remain in place. Viewed as a whole, the Court finds that this recent pattern, evidencing an

apparently deliberate and sharp divergence from past compliance, constitutes substantial

noncompliance sufficient to establish a significant change in circumstances.

Second, even assuming arguendo that Defendants’ four years of prior compliance could

preclude a finding of substantial noncompliance, allowing judicial oversight to expire would be

detrimental to the public interest. A modification may nevertheless be warranted where “the

enforcement of [the court order] without modification would be detrimental to the public

interest.” Rufo, 502 U.S. at 384. That principle is particularly pertinent here because the recent

violations have occurred on the threshold of the expiration of the Court’s five-year period of

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supervision. Therefore, the Court must determine whether, in light of the circumstances it is now

confronting, it would be detrimental to the public interest to allow the existing Final Judgment

and Permanent Injunction order and its supervisory mechanisms to expire without modification.

On this record, it would.

Again, the Court has found a multitude of violations of the Permanent Injunction and its

subsequent enforcement orders on three occasions within approximately seven months, with the

most recent occurring just two months before the Court’s jurisdiction and the associated

monitoring mechanisms are set to expire. See supra pp. 12–17. Allowing the Court’s supervision

to expire at this juncture would produce a particularly troubling result. The mechanisms

established to ensure compliance would terminate at precisely the moment that the Court’s recent

enforcement proceedings have revealed recurring departures from the core requirements those

mechanisms were designed to secure. Indeed, those proceedings demonstrate that the supervisory

mechanisms are performing precisely the function for which they were established. They have

brought to light recurring violations that otherwise might not have been detected or remedied.

The Court cannot reasonably conclude that the public interest would be served by allowing those

mechanisms to expire while Defendants’ noncompliance is ongoing and their future compliance

with the statutory requirements remains in serious doubt.

The public interest is especially implicated here not only because “there is a substantial

public interest in having governmental agencies abide by the federal laws that govern their

existence and operations,” League of Women Voters of United States v. Newby, 838 F.3d 1, 12

(D.C. Cir. 2016) (citation modified) (quoting Washington v. Reno, 35 F.3d 1093, 1103 (6th Cir.

1994)), but also because the violations implicate the physical liberty of young adults. Expert

testimony at trial established that needless “detention, particularly in adult settings” of youth

21

ages 15 to 24—such as the class members here—causes “physical[] and psychological harm[]”

that “threatens both their short- and long-term health and well-being.” Final J. & Perm. Inj.

Mem. Op. at 18–19. When Defendants violate Section 1232(c)(2)(B) by detaining age-outs

without undertaking the decision-making process the statute requires, a young adult’s health and

well-being is therefore directly implicated. The Court has had to intervene to order the release of

a number of age-outs whose detention was inconsistent with the requirements of Section

1232(c)(2)(B). The harm at issue is therefore not merely theoretical. Under these circumstances,

it would be detrimental to the public interest to allow the Court’s oversight to lapse while

Defendants’ noncompliance remains ongoing and their future compliance with those

requirements remains highly doubtful. See Trueblood v. Wash. State Dep’t of Soc. & Health

Servs., No. C14-1178 MJP, 2016 WL 4533611, at *4 (W.D. Wash. Feb. 8, 2016) (“[T]he public

interest is best served by extending the compliance deadline while also increasing the Court’s

supervision and the authority of the Court Monitor . . . because Defendants have demonstrated

that they are unable to protect the rights of class members when left to determine their own

priorities . . . .”).

Accordingly, whether because Defendants’ recent conduct constitutes substantial

noncompliance or because allowing judicial oversight and the oversight mechanisms to expire

under these circumstances would be detrimental to the public interest, the Court finds that

circumstances have significantly changed since entry of the Permanent Injunction. Defendants’

recent conduct represents a significant and deliberate departure from their prior course of

compliance, and its recurrence immediately before the expiration of judicial supervision makes it

inappropriate to allow the existing injunction to expire without modification. The Court therefore

finds that continued judicial oversight is warranted.

22

2. A Two-Year Extension Is Suitably Tailored.

Having found that circumstances have changed such that continued judicial oversight is

warranted, the Court must determine whether the requested modification is “suitably tailored to

the changed circumstances.” Rufo, 502 U.S. at 391. The modification must be “tailored to

resolve the problems created by [that] change.” Id. And, in the case of an injunction, courts must

also consider “whether the requested modification effectuates or thwarts the purpose behind the

injunction.” Sierra Club v. U.S. Army Corps of Eng’rs, 732 F.2d 253, 257 (2d Cir. 1984) (citing

Chrysler Corp. v. United States, 316 U.S. 556, 562 (1942)).

The recent violations reveal a problem that the requested modification must address. That

Defendants maintained compliance for approximately four years under the Permanent Injunction

suggests that the practices necessary to comply with Section 1232(c)(2)(B) were, at one point, in

place and could operate effectively. The recent violations therefore cast doubt on whether those

practices have remained sufficiently institutionalized to sustain the agency’s compliance without

judicial oversight. Cf. Consumer Advisory Bd. v. Harvey, 697 F. Supp. 2d 131, 136 (D. Me.

2010) (“Defendants have exhibited a demonstrable commitment to achieving compliance with

the Decree . . . bolster[ing] the Court’s belief that the mechanisms currently in place to assure

compliance will not be immediately dismantled once the Decree is terminated.”). The Court

cannot yet determine whether the recent regression reflects an erosion of previously established

practices or demonstrates that those practices were not sufficiently institutionalized to endure. At

the same time, the record does not establish that the regression is necessarily permanent.

The Court’s approximately eight years of experience with this litigation further informs

that assessment. As courts have recognized in institutional-reform cases, as here, such experience

gives a district court “an intimate understanding of the workings of an institution” and the

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changes necessary to achieve the goals of its orders. Navarro-Ayala v. Hernandez-Colon, 951

F.2d 1325, 1338 (1st Cir. 1991); see also Ruiz v. Lynaugh, 811 F.2d 856, 861 (5th Cir. 1987)

(recognizing the district court’s “personal knowledge, experience, and insight” into “the parties’

intentions, performances, and capabilities”). That experience makes the nature of the recent

regression particularly significant. The conduct now before the Court bears important similarities

to the conduct the Court observed before entering the Permanent Injunction, when it found a

pattern of “agency recalcitrance and resistance to the fulfillment of its legal duties.” Final J. &

Perm. Inj. Mem. Op. at 15 (citation omitted). The recent violations likewise include departures

from required decision-making processes, post-hoc efforts to justify deficient decisions, and

failures to provide information necessary to assess compliance. These similarities suggest that

Defendants may have returned to their pre-injunction practices. At a minimum, they raise

sufficient doubt as to whether compliance can once again be achieved and once achieved,

become self-sustaining without continued judicial oversight.

That uncertainty counsels in favor of an incremental approach to continued oversight.

The purpose of extending the Permanent Injunction is not to impose prolonged judicial

supervision for its own sake, but to determine whether Defendants can restore the practices

necessary for compliance and sustain them over time. See Horne, 557 U.S. at 450. Again, the

Court has substantial reason to question whether Defendants will be able to do so without

continued oversight. It may ultimately prove that long-term supervision will be necessary, but

the Court need not determine that now, before gaining additional information about Defendants’

ability to restore and sustain compliance in the near term. An incremental approach instead

permits the Court to assess Defendants’ conduct over a defined period and, based on that

24

experience, determine whether compliance has become sufficiently durable to ultimately end

supervision or whether a longer period extension is indeed warranted.

On the present record, two years provides an appropriate next period for that assessment.

It gives Defendants a meaningful opportunity to demonstrate that the recent regression has been

corrected and that the agency practices necessary for compliance have been established and

remain effective. See E.E.O.C. v. Joe’s Stone Crab, Inc., 15 F. Supp. 2d 1364, 1376 (S.D. Fla.

1998) (ordering injunctive relief for a period “of sufficient duration to allow remedial measures

to take root”); In re Mex. Money Transfer Litig. (W. Union & Valuta), 164 F. Supp. 2d 1002,

1030 (N.D. Ill. 2000) (ordering injunctive relief for “a period long enough to generate permanent

change in Defendants’ business practices”), aff’d sub nom. In re Mex. Money Transfer Litig., 267

F.3d 743 (7th Cir. 2001). It also gives the Court sufficient time to determine whether any

renewed compliance is sustained rather than merely temporary.

A shorter, one-year period would not provide sufficient time to make that determination.

The violations underlying the Court’s recent enforcement orders illustrate why. For instance,

ICE’s unlawful rearrest and revocation practices began in July 2025 but were not uncovered until

October 2025, after reports from affected individuals and others prompted further investigation

by Plaintiffs. See December 2025 Mem. Op at 8–14, 39; Decl. of Emma Winger (“Winger

Decl.”) ¶¶ 9, 13–15, ECF No. 413-4. Detecting those practices required Plaintiffs to gather

information from age-outs, sponsors, legal service providers, and others; review records and

reporting materials; investigate individual cases; and seek information from Defendants. 7 See

7

As this Court has previously recognized, Defendants have not always been forthcoming with information necessary to assess their compliance, at times withholding information until ordered to produce it and resisting Plaintiffs’ efforts to obtain relevant records. See e.g., July 2026 Mem. Op. at 9 n.3; June 2026 Mem. Op. at 16–20; December 2025 Mem. Op. at 39–40. The Court has also noted previously that Defendants do not notify age-outs of the basis for their

25

e.g., Winger Decl. ¶¶ 3–19 (describing Plaintiffs’ investigation through review of Defendants’

Age-Out Review Worksheets and other records, ICE’s detainee locator, and information

obtained from affected age-outs, sponsors, attorneys, and legal service providers, as well as

repeated requests to Defendants for information and investigation); 2d Supp. Winger Decl. ¶¶ 3–

10, ECF No. 430 (describing Plaintiffs’ subsequent investigation, which identified five additional

class members who had been rearrested after release and required further review of ICE records,

interviews with affected individuals and sponsors, and inquiries to Defendants). Thus, months

passed between the onset of the challenged practices and Plaintiffs’ ability to identify the

departures from the Permanent Injunction, investigate their scope, and bring them to the Court’s

attention.

If similar departures occur in the future, they may likewise not be immediately apparent.

Plaintiffs may similarly need months to identify violations, investigate the underlying

circumstances, and obtain the information necessary to determine whether Defendants have

complied with the Permanent Injunction and bring such conduct to this Court’s attention. A oneyear extension could very well expire before Plaintiffs have had a meaningful opportunity to

determine whether Defendants have restored compliance. The Court, in turn, would potentially

be required to assess the durability of Defendants’ compliance without having had sufficient time

for the monitoring mechanisms to reveal any potential pattern of non-compliance rather than

minor, errant mistakes. A two-year period provides sufficient time for that process to unfold and

for the Court to make a meaningful assessment of whether Defendants have restored and can

sustain compliance.

rearrest and detention or inform them of the Court’s December 2025 Order. See June 2026 Mem. Op. at 19.

26

And the existing monitoring mechanisms make that two-year period of observation

meaningful. They permit Plaintiffs to continue to assess Defendants’ compliance over time and

bring material departures to the Court’s attention without requiring the Court to oversee

individual custody decisions. The recent use of those mechanisms has demonstrated their

continuing utility. Plaintiffs’ monitoring has brought to light noncompliant conduct that

Defendants’ own processes did not prevent. Preserving those mechanisms during the two-year

period therefore allows Plaintiffs to observe Defendants’ implementation of the Permanent

Injunction across multiple reporting and monitoring cycles, identify and investigate potential

departures as they arise, and assess whether compliance is occurring in practice and remains

effective over time, rather than relying solely on Defendants’ representations or assurances.

This approach “effectuates” the purpose of the Permanent Injunction. See Sierra Club,

732 F.2d at 257. The injunction was designed to secure “effective and lasting compliance with

Section 1232(c)(2)(B).” Final J. & Perm. Inj. Mem. Op. at 14. Its purpose was therefore not

simply to correct individual violations, but to ensure that Defendants developed practices capable

of sustaining compliance. The recent regression makes it premature to conclude that this

objective has been achieved. At the same time, the record does not establish that the regression is

necessarily permanent. A defined period of continued oversight permits the Court to determine

whether Defendants’ compliance has become sufficiently durable to fulfill the injunction’s

purpose. See Horne, 557 U.S. at 450 (“[A] critical question in this Rule 60(b)(5) inquiry is

whether the objective of the District Court’s [order] . . . has been achieved. If a durable remedy

has been implemented, continued enforcement of the order is not only unnecessary, but

improper.” (citation modified)). Should Defendants’ noncompliance continue during that period,

27

or should the circumstances otherwise demonstrate that continued oversight remains necessary to

protect the public interest, Plaintiffs may seek a further extension.

Defendants raise several objections. None are persuasive. First, the Court is not

persuaded by Defendants’ assurance that continued oversight is unnecessary because they will

remain bound by the Permanent Injunction after the monitoring period expires. While

Defendants will, of course, remain legally obligated to comply with Section 1232(c)(2)(B), they

have not demonstrated that they can sustain compliance without the oversight mechanisms the

Court previously found necessary. The Court therefore cannot assume that the practices

supporting Defendants’ prior compliance have become sufficiently entrenched when recent

enforcement proceedings have revealed a return to deficiencies that, in material respects,

resemble those that originally necessitated judicial supervision. A two-year extension gives

Defendants an opportunity to demonstrate sustained compliance.

Second, the Court rejects Defendants’ contention that any extension should correspond to

the approximately one-year period during which the recent violations occurred. That approach

measures the duration of the violations rather than the period reasonably necessary to address the

problem they reveal. Rufo, 502 U.S. at 391 (explaining that a modification must be “tailored to

resolve the problems created by the change in circumstances”). The Court needs a sufficient

period to determine whether the practices necessary for compliance have been restored and

whether renewed compliance will persist. See Horne, 557 U.S. at 450. A one-year extension

would be insufficient time to make that determination. As explained above, the recent violations

demonstrate that noncompliance with the Permanent Injunction may be difficult to detect

promptly, often taking months for patterns of conduct to emerge and be investigated. Thus, the

28

period between the occurrence of noncompliant conduct and its discovery may itself consume a

substantial portion of a one-year extension.

Nor do the cases Defendants cite establish that the duration of the violations is the

appropriate measure here. See Defs.’ Opp’n at 12–13 (citing cases in which a court extended a

consent decree for the duration of the noncompliance). Those cases concern consent decrees,

which are fundamentally different from the Permanent Injunction here. A consent decree

embodies the parties’ agreement and thus implicates the court’s obligation, when modifying it, to

preserve the parties’ bargain. See Local No. 93, Int’l Ass’n of Firefighters, AFL-CIO C.L.C. v.

City of Cleveland, 478 U.S. 501, 519, 522 (1986); see also Pigford v. Veneman, 292 F.3d 918,

927 (D.C. Cir. 2002). This case, by contrast, involves a permanent injunction entered after a

finding of liability following trial. The Court imposed oversight mechanisms to address ICE’s

adjudicated failure to comply with Section 1232(c)(2)(B) and to ensure compliance going

forward. Thus, the Court must determine how long judicial oversight is reasonably necessary to

effectuate the purpose of the injunction. See Sierra Club, 732 F.2d at 257. That inquiry turns on

the circumstances that necessitated the relief, including the nature of the original violations, the

history of judicial supervision, and the similarity between Defendants’ recent regression and the

deficiencies that originally prompted judicial intervention—not simply the duration of the

noncompliance.

Third, the Court rejects Defendants’ suggestion that the requested extension is punitive. It

is not. The extension is prospective, serving the remedial purpose of determining whether

Defendants can sustain compliance with Section 1232(c)(2)(B). See United States v. Alisal Water

Corp., 431 F.3d 643, 656 (9th Cir. 2005). The Court is not extending judicial oversight as

punishment for past violations; it is preserving the existing monitoring mechanisms for a defined

29

period so that Defendants can demonstrate that the recent regression has been corrected and that

compliance can be maintained.

Plaintiffs’ observations concerning the consequences of detention likewise do not

transform the extension into a punitive measure. Those consequences are relevant because they

underscore the importance of ensuring compliance with the statutory requirements at issue.

Section 1232(c)(2)(B) governs decisions that concern the detention or release of young adults

who initially came to the United States as children without a parent or guardian available to care

for them. Such decisions thus implicate the physical liberty of a subset of young adult

immigrants who Congress determined warrant special protection. See December 2025 Mem. Op.

at 2–3. As the Court previously found, detention, particularly in adult settings, can cause physical

and psychological harm that threatens young adults’ short- and long-term well-being. Final J. &

Perm. Inj. Mem. Op. at 18–19. And the Court has had to intervene repeatedly to order the release

of age-outs whose detention was inconsistent with the statute. These consequences reinforce the

public interest in ensuring that Defendants’ compliance is substantive and lasting. They therefore

support, rather than undermine, the remedial character of the requested extension.

Finally, the Court is mindful of Defendants’ contention that any extension is unduly

burdensome and delays the full return of ordinary administrative authority to the Government.

Defendants emphasize that the Permanent Injunction imposes obligations concerning training,

documentation, reporting, and Plaintiffs’ monitoring. They further invoke the principle that, in

institutional-reform cases, federal courts must ensure that authority is “returned promptly to the

[Government] and its officials.” Horne, 557 U.S. at 450.

The Court agrees that judicial oversight should not continue after it is no longer

necessary. But that principle does not require the Court to terminate oversight before the record

30

supports doing so. In entering the Permanent Injunction, the Court was attentive to the need to

minimize intrusion into Defendants’ discretion in determining the “precise route they take” to

fulfill their statutory obligations, declining to impose the more intrusive supervisory measures

proposed by Plaintiffs. Final J. & Perm. Inj. Mem. Op. at 32 (quoting Cobell, 240 F.3d at 1106;

see also id. at 30–31, 46. As previously explained, the monitoring mechanisms preserve

Defendants’ discretion while providing the limited oversight necessary to ensure that it is

exercised in accordance with the statute.

The Court likewise “ma[de] clear” that Defendants could seek relief from continued

oversight upon demonstrating adequate compliance. See Final J. & Perm. Inj. Mem. Op at 31

n.11. Defendants did not do so during the approximately four years in which they operated under

the monitoring requirements, nor did they seek modification on the ground that those

requirements were unworkable or unduly burdensome. Only after Plaintiffs’ monitoring

uncovered significant noncompliance did Defendants begin to emphasize the burden associated

with those mechanisms, particularly the need to produce the records upon which they relied to

rearrest and detain age-outs. See June 2026 Mem. Op. at 5, 11, 16, 19. But “[g]iven Defendants’

prior violations of the Permanent Injunction and the transparency concerns that have arisen

throughout this litigation, the need for meaningful oversight outweighs any incidental

administrative burden associated with producing records already in Defendants’ possession.” Id.

at 20. Notably, the monitoring mechanisms have served the function for which they were

imposed. They have enabled Plaintiffs to identify material departures from the Permanent

Injunction, reduced uncertainty concerning Defendants’ compliance, and facilitated the Court’s

ability to address those departures. The record therefore does not support concluding that these

31

mechanisms have outlived their usefulness; to the contrary, their continued operation remains

necessary to ensure that Defendants remain in compliance with the Permanent Injunction.

The Court therefore does not regard the extension as an open-ended continuation of

judicial supervision, as Defendants suggest. Instead, it is a defined period directed toward a

specific remedial objective: ensuring that Defendants comply with their legal obligation under

Section 1232(c)(2)(B) and ensuring that they can sustain that compliance without the oversight

mechanisms that the Court previously found necessary.

V. CONCLUSION

For the foregoing reasons, Plaintiffs’ Motion to Modify the Court’s Monitoring and

Enforcement Order (ECF No. 471) is GRANTED IN PART and DENIED IN PART, and

Plaintiffs’ Unopposed Motion to Seal (ECF No. 472) is GRANTED. An order consistent with

this Memorandum Opinion is separately and contemporaneously issued.

Dated: September 15, 2026 RUDOLPH CONTRERAS

United States District Judge

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