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

  1. 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
  2. Effective Date

    June 21, 2018

Current Status

Not in effect

Original Trump Policy Status

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

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