Children’s rightsImmigrants’ Rights
Protecting the Rights of Unaccompanied Children
Case Overview
Entered in 1985, the permanent injunction in the nationwide class action Perez-Funez requires federal immigration agents to advise unaccompanied children of their rights and, in the case of children from countries other than Mexico or Canada, ensure communication with a parent, close adult relative, friend, or legal services organization. In 2025, the Trump Administration filed a motion to terminate these protections.
Court
U.S. District Court for the Central District of California
Status
Permanent Injunction
Case No.
2:81-cv-1457
Filed
01/24/1984
Our Co-Counsel
Case Developments
RUling
04/06/2026
Court Denies Defendants’ Motion to Terminate Injunction and Grants in Part Plaintiffs’ Cross-Motion to Modify Injunction
Judge Fitzgerald denied Defendants’ motion to terminate the 1985 Perez-Funez injunction protecting the due process rights of unaccompanied immigrant children. Judge Fitzgerald also granted in part Plaintiffs’ cross-motion to modify the injunction, finding that Defendants’ new advisal violated the injunction and issuing a modified permanent injunction barring its use.
ORDER DENYING DEFENDANTS’ MOTION TO TERMINATE PERMANENT INJUNCTION AND ADVISAL ORDER
filing
01/27/2026
Plaintiffs File Reply in Support of Cross-Motion to Modify Injunction and Take Discovery
Plaintiffs filed a reply in support of their cross-motion to modify the preliminary injunction and request for leave to take discovery.
PLAINTIFFS’ REPLY IN SUPPORT OF CROSS-MOTION TO MODIFY INJUNCTION AND TAKE DISCOVERY
filing
01/20/2026
Government Files Reply in Support of Motion to Terminate Injunction
The federal government filed a reply in support of its motion to terminate the permanent injunction.
DEFENDANTS’ REPLY IN SUPPORT OF MOTION TO TERMINATE INJUNCTION
filing
01/20/2026
Government Files Opposition to Plaintiff’s Cross-Motion to Modify Injunction and Take Discovery
The federal government filed an opposition to Plaintiffs’ cross-motion to modify the permanent injunction and take discovery.
DEFENDANTS’ OPPOSITION TO PLAINTIFFS’ CROSS-MOTION TO MODIFY INJUNCTION AND TAKE DISCOVERY
filing
01/06/2026
Plaintiffs File Cross-Motion to Modify Injunction and Seek Leave to Take Discovery
Plaintiffs filed a cross-motion to modify the permanent injunction and requested permission to take discovery as to the federal government’s noncompliance.
PLAINTIFFS’ CROSS-MOTION TO MODIFY INJUNCTION AND TAKE DISCOVERY
filing
01/06/2026
Plaintiffs File Opposition to Government’s Motion to Terminate Injunction
Plaintiffs opposed the federal government’s motion to terminate the permanent injunction.
filing
11/12/2025
Federal Government Files Motion to Terminate Injunction
The federal government asked the district court to terminate the permanent injunction.
RULING
09/30/1985
Court Enters Permanent Injunction
The district court declared the federal immigration agency’s original procedures unconstitutional and made permanent its January 24, 1984 preliminary injunction.
RULING
01/24/1984
Court Grants Preliminary Injunction
The district court granted a preliminary injunction requiring federal immigration agents to advise unaccompanied children of their rights and, in the case of children from countries other than Mexico or Canada, ensure communication with a parent, close adult relative, friend, or legal services organization.
Press Releases
Media
- LA Times, Ruling Gives Protection to [Noncitizen] Minors in Custody, 10/1/85
- United Press International, Inc., The First of 25 Children Expected to Testify in a Class Action Suit that Alleges the Civil Rights of [Noncitizen] Minors, 4/3/85











