Quick Bytes
- DOJ seeks to end parts of the Flores Settlement, citing new HHS regulations.
- Advocates worry ending Flores could risk the safety of immigrant children.
- New regulations allow detention in unlicensed facilities under certain conditions.
- Future of immigrant children’s rights uncertain as court decision on Flores looms.
Understanding the Potential Termination of the Flores Settlement
The Department of Justice has requested a court to partially terminate the Flores Settlement Agreement, a long-standing protection for the rights of immigrant children. This move comes as the Department of Health and Human Services introduces new regulations, which the government believes offer sufficient protection for children in their care. However, advocates express concerns that ending the Flores oversight could expose children to risks, especially in states like Texas and Florida where unlicensed facilities may be used for detention.
Background of the Flores Settlement
Originating from a class-action lawsuit, the Flores Settlement Agreement has been in effect since 1997, setting standards for the treatment of immigrant children in federal custody. The agreement, overseen by Judge Dolly Gee, mandates that regulations replacing it must align with its spirit and terms.
Contentious New Regulations
The new HHS regulations introduce several changes, including the possibility of detaining children in unlicensed facilities if they meet state standards. This has raised red flags among advocates who fear for the children’s safety without the stringent licensing requirements of the Flores agreement. Additionally, the creation of the Unaccompanied Children Office of the Ombuds is seen as a positive step, but its lack of reporting to Congress and oversight power is concerning.
Previous Attempts and What’s Next
Prior attempts to terminate the Flores agreement, notably in 2019, were blocked by the courts for undermining the agreement’s purpose. The fate of the new regulations and the potential termination of Flores as it pertains to HHS will be decided by Judge Gee, with the regulations set to take effect on July 1 unless blocked by the court.
The decision will determine whether the new regulations can uphold the protections for immigrant children established by the Flores Settlement Agreement for over two decades.
