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Original Date Announced
June 21, 2018DOJ filed a request to modify the settlement agreement in Flores v. Sessions. In the request, DOJ asked the court to grant limited emergency relief that would exempt DHS from the Flores Settlement Agreement's release provisions. DOJ asks the court to allow ICE to detain undocumented minors arriving with their parent or legal guardian in ICE family facilities, and to exempt ICE family facilities from the state licensure requirement of the Agreement.
[ID #170]
Defendants' Memorandum of Points and Authorities in Support of Ex Parte Application for Relief from The Flores Settlement AgreementEffective Date
June 21, 2018Subsequent Trump and Court Action(s)
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July 9, 2018
District Court Order
The district court denied the government's request to modify the settlement agreement. The government's appeals of this and related district court orders are pending at the Ninth Circuit as of 10/22/20. Ninth Circuit Case Nos. 20-55658, 20-55753.
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**Litigation entries are limited to initial complaints and major substantive rulings. For pleadings and additional information, use name and docket number to search Civil Rights Clearinghouse and CourtListener or visit Just Security Litigation Tracker** -
July 30, 2018
2018.07.30 Order re Plaintiffs' motion to enforce class action settlement
U.S. District Judge Dolly Gee found that conditions at the Shiloh Residential Treatment Center in Texas violated the Flores Settlement. She ordered the Trump administration to remove all noncitizen children out of the facility and ordered the administration to get parental consent or a court order before giving children psychotic drugs. She further ordered that the government must explain in writing why a child is being detained and that it cannot detain a minor only for "reported gang involvement."
*see litigation note above*
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October 5, 2018
2018.10.05 Order appointing special master
The court appointed a special master/independent monitor to determine the government's compliance with the court orders and the Flores Settlement.
*see litigation note above*
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September 27, 2019
2019.09.27 Fores v. Barr permanent injunction
Judge Gee issued a permanent injunction which blocked the government from imlementing regulations what would have expanded its ability to detain noncitizen children for indefinite periods. This litigation was under the name of Flores v. Barr.
*see litigation note above*
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June 26, 2020
Documents Relating to Flores v. Reno Settlement Agreement on Minors in Immigration Custody
Judge Gee ordered that children currently held in ICE Family REsidential Centers for more than 20 days be released by July 17, 2020 due to COVID-19.
*see litigation note above*
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September 21, 2020
Documents Relating to Flores v. Reno Settlement Agreement on Minors in Immigration Custody
A court found that the government was subject to the Flores Settlement Agreement when placing noncitizen children in hotels for longer than 72 hours.
*see litigation note above*
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August 9, 2021
2021.08.09 Motion to enforce settlement re emergency intake sites
The National Center for Youth Law filed a motion to enforce the Settlement Agreement at Emergency Intake Sites. This litigation is titled Flores v. Garland.
*see litigation note above*
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May 21, 2022
2022.05.21 joint motion for preliminary approval of settlement
The parties submitted a motion for preliminary approval of a settlement where border patrol facilities in the Rio Grande Valley and El Paso agreed that minors will not be separated from their families and will be provided with sanitary conditions and medical evaluations and treatment.
*see litigation note above*
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July 29, 2022
2022.07.29 Final approval of settlement agreement
Judge Gee granted final approval to the settlement agreement in relation to rio Grande Valley and El Paso Sectors CBP facilities.
*see litigation note above*
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September 23, 2022
2022.09.23 Final approval of settlement agreement
Judge Gee approved the party's settlement agreement concerning Emergency Intake Sites.
*see litigation note above*
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February 29, 2024
2024.02.29 Motion to enforce settlement re open-air detention sites
The National Center for Youth Law and Children's Rights filed a motion to enforce the Settlement Agreement. They requested that the courts order CBP to stop detaining children in open-air detention cites along the border. This litigation is titled Flores v. Garland.
*see litigation note above*
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April 3, 2024
2024.04.03 Granting motion to enforce settlement agreement
Judge Gee granted in part the motion to enforce the Settlement Agreement, finding that conditions at the open-air detention sites did not meet the "safe and sanitary" standards of the agreement.
*see litigation note above*
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January 30, 2025
2025.01.30 Flores v. McHenry, No. CV 85-4544-DMG (C.D. Cal.) - Order
On January 30, the District Court modified a 2022 Settlement clarifying CBP's obligations under the original Flores Settlement Agreement. The court ordered the extension of (1) the Juvenile Care Monitor's (JCM) term for another six months, until June 27, 2025, with the option for further extensions due to lack of substantial compliance; and (2) the 2022 Settlement for 18 months, from January 2025 until July 29, 2026. Flores v. McHenry, No. CV-85-4544-DMG (C.D. Cal.).
**Litigation entries are limited to initial complaints and major substantive rulings. For pleadings and additional information, use name and docket number to search Civil Rights Clearinghouse and CourtListener or visit Just Security Litigation Tracker**
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Current Status
Not in effectOriginal Trump Policy Status
Status: In LitigationTrump Administration Action: Change in PracticeSubject Matter: Hearings and AdjudicationsAgencies Affected: DOJPre Trump-Era Policies
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January 17, 1997
The 1997 Flores settlement requires the government to release children from immigration detention without unnecessary delay to either their parents, other adult relatives, or licensed programs. It also requires immigration officials to give detained minors a certain quality of life, including such things as food, drinking water, medical assistance in emergencies, toilets, sinks, temperature control, supervision, and as much separation from unrelated adults as possible.
Flores Settlement Agreement
Documents
Trump-Era Policy Documents
- New Policy
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Prior Policy
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Subsequent Action
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Subsequent Action
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Subsequent Action
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Subsequent Action
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Subsequent Action
Original Source:
Motion to enforce settlement re emergency intake sites
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Subsequent Action
Original Source:
Joint motion for preliminary approval of settlement
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Subsequent Action
Original Source:
Final approval of settlement agreement
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Subsequent Action
Original Source:
2022.09.23 Final approval of settlement agreement
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Subsequent Action
Original Source:
Motion to enforce settlement re open-air detention sites
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Subsequent Action
Original Source:
Granting in part motion to enforce settlement agreement
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Subsequent Action
Original Source:
Flores v. McHenry, No. CV 85-4544-DMG (C.D. Cal.) - Order
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