DOJ requests relief from Flores settlement in order to detain children in family facilities

Original Date Announced
June 21, 2018
DOJ 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 Agreement
Effective Date
June 21, 2018
Subsequent Trump-Era and Court Action(s)
- 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.
  
  **Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
  View Document

Not in effect

Status: In Litigation

Trump Administration Action: Change in Practice

Subject Matter: Hearings and Adjudications

Agencies Affected: DOJ

Pre Trump-Era Policies

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