The case was settled in 1997 and remains under the supervision of U.S. District Judge Dolly M. Gee in the Central District of California. The Flores Settlement Agreement establishes national minimum standards for the treatment and placement of minors in what was then Immigration and Naturalization Service (INS) custody.
Full Answer
What is the Flores settlement?
The 1997 Flores settlement–or consent decree–resulted from the 1993 Supreme Court case Reno v. Flores, regarding the treatment of unaccompanied minors in immigration detention. The class action case was filed by civil liberties and
What is the Flores v INS case?
Flores, regarding the treatment of unaccompanied minors in immigration detention. The class action case was filed by civil liberties and rights groups on behalf of undocumented minors who were held in detention and their families who reported poor treatment by the INS.
What is Flores v Reno and why is it important?
The decades-old settlement agreement Flores v. Reno has made headlines recently as the US government has taken heat for separating immigrant children from their parents. The agreement limits the length of time and conditions under which US officials can detain immigrant children.
What is the Flores rule?
In 2015, US District Judge Dolly Gee ruled that Flores requirements apply to both unaccompanied minors and children apprehended with their parents. This means that all minors must be released from detention if possible, Meissner said.
What was the Flores v Reno agreement?
The 1997 Flores v. Reno court agreement had set nationwide policy for the detention and treatment of minors in immigration custody.
Why did Gee change the Flores rule?
In step with Trump’s executive order, Justice Department lawyers then asked Gee to modify the Flores rule to give the administration maximum flexibility in handling family units, because officials want to detain the parents not only until the end of any criminal proceedings but also through the end of any asylum proceedings, which could drag on for months.
Why did the INS refuse to give my aunt custody?
The INS refused to grant her aunt custody because it wouldn’t release minors to “third-party adults, ” the law review article said.
What did the settlements require?
The settlement also required immigration officials to give detained minors a certain quality of life, including things such as food, drinking water, medical assistance in emergencies, toilets, sinks, temperature control, supervision and as much separation from unrelated adults as possible, according to a Congressional Research Service report.
What was the federal government accused of in the 1980s?
During the 1980s, the former government agency Immigration and Naturalization Service was accused of mistreating immigrant children, according to the Congressional Research Service report, resulting in a series of lawsuits that ended with the Flores settlement agreement.
Why are immigrant children suing?
Immigrant advocates say they are suing the U.S. government for allegedly detaining immigrant children too long and improperly refusing to release them to relatives. Lawyers said Tuesday, Jan. 22, 2019 they expanded a lawsuit filed last year in federal court in Alexandria, Va., to propose including the cases of more than 10,000 children.
Did the INS implement the Flores agreement?
For years, people criticized the INS, saying it hadn’t fully implemented the regulations laid out by the Flores agreement, according to the Congressional Research Service report. Five years after the agreement, the Homeland Security Act of 2002 split up the responsibilities for processing and caring for immigrant children.
What is the Flores Settlement Agreement?
The Flores Settlement Agreement is a court settlement, in place for over two decades, that set limits on the length of time and conditions under which children can be incarcerated in immigration detention. In September 2018, the Trump Administration proposed regulations that seek to terminate the Flores Settlement Agreement’s legal safeguards for children, including the provision that children must be transferred to a non-secure, licensed facility within three to five days of apprehension, which has been interpreted to allow for an extension of up to 20 days in times of “emergency” or “influx.” The proposed regulations include a number of policies which, if implemented, would allow the government to incarcerate more families for even longer periods of time.
When did the INS settle the case?
In 1985, two organizations filed a class action lawsuit on behalf of immigrant children detained by the former Immigration and Naturalization Service (INS) challenging procedures regarding the detention, treatment, and release of children. After many years of litigation, including an appeal to the United States Supreme Court, the parties reached a settlement in 1997.
When did the Office of Refugee Resettlement take over the custody of unaccompanied children?
It was only after the Office of Refugee Resettlement (ORR) assumed responsibility for the care and custody of unaccompanied children in 2003 —a product of years of advocacy on the part of human rights organizations, religious groups, and political leaders—that significant changes were implemented.
Is the government required to release children from immigration detention without unnecessary delay?
The government is required to release children from immigration detention without unnecessary delay in order of preference beginning with parents and including other adult relatives as well as licensed programs willing to accept custody.
Summary
The 1997 Flores settlement–or consent decree–resulted from the 1993 Supreme Court case Reno v. Flores, regarding the treatment of unaccompanied minors in immigration detention.
Source
JENNY LISETTE FLORES, et al, Plaintiffs v. JANET RENO, Attorney General of the United States, et al., Defendants
What is the Flores Settlement Agreement?
In 1985, a number of class action lawsuits were filed related to the detention of minor aliens, including Jenny Flores, a 15-year old unaccompanied minor who was detained after attempting to enter the country illegally.
What Can Be Done to Fix Flores?
Action. Legislative fixes proposed in both the House and Senate over the years have been stymied by pro-amnesty special interests, but that has to end.
