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

  1. 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]

    View Policy Document
  2. Effective Date of Change

    June 21, 2018
  3. Subsequent Action

    July 19, 2018

    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.**

    District Court Order
Status: In Litigation
Type of Action: Change in Practice
Subject Matter: Hearings and Adjudications
Agencies Affected: DOJ

Prior Policies

  • 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

Subsequent Action

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