User:Oceanflynn/sandbox/The Flores Settlement Agreement

The Flores Settlement Agreement (FSA) also known as Flores v. Reno Settlement Agreement, Flores Settlement, Flores v. Reno Agreement, or Flores, is a 1997 court-supervised stipulated settlement agreement between the United States federal government and the Center for Human Rights and Constitutional Law (CHRCL) On January 28, 1997, the C.D. Cal. Court approved a class-wide settlement of Flores. which governs the policy for the treatment of migrant children in federal immigration detention. which is binding on federal government agencies, such as the United States Department of Homeland Security (DHS) and "governs the policy for the treatment of unaccompanied alien children in federal custody." The Flores Agreement originated in July 11, 1985 with a complaint—Flores v. Meese, No. 85-4544—filed in United States District Court for the Central District of California (C.D. Cal.) on behalf of Flores and other minor immigrant children. For over twenty years, the 1997 Flores settlement agreement has governed the policy for the treatment of unaccompanied alien children in federal custody of the legacy INS and its successor—United States Department of Homeland Security (DHS) and the various agencies that operate under the jurisdiction of the DHS. Flores set the "national policy for the detention, release and treatment of minors" in their custody.

The consent decree or settlement was reached in the United States District Court for the Central District of California between the signatory parties, which included Center for Human Rights and Constitutional Law (CHRCL)'s lead attorneys—Carlos Holguin and Peter A. Schey—on behalf of Flores et al, and the INS. Flores continues to "set standards for humane treatment of children in detention and ordered their prompt release in most cases" overseen by the District Court for the Central District of California. The Office of Inspector General (OIG), an independent agency within the DHS, oversees the FSA produces regular reports on topics such as U.S. Customs and Border Protection (CBP)'s handling of Unaccompanied Alien Children(UAC). The District Court for the Central District of California has assigned drs and lawyers to ensure the the CBP is in compliance with the policies and and standards set by the FSA.

The stipulated settlement agreement

The stipulated settlement agreement was binding on the legacy Immigration and Naturalization Service (INS), which was the United States federal government agency that oversaw matters related to immigration prior to the re-organization and renaming of federal departments following the September 11, 2001 attacks. "The Flores v. Reno Settlement Agreement governs the policy for the treatment of unaccompanied alien children in federal custody. The Department of Homeland Security and its agencies, which has taken over INS' responsibilities, continue to be governed by Flores, which has set strict national regulations and standards regarding the detention and treatment of minors in federal custody. Flores "set standards for humane treatment of children in detention and ordered their prompt release in most cases." The federal government agreed to keep children in the least restrictive setting possible and to ensure the prompt release of children from immigration detention.

According to a September 10, 2010 report by the Office of Inspector General (OIG), which is an independent watchdog committee that oversees the DHS, "The Flores v. Reno Settlement Agreement governs the policy for the treatment of unaccompanied alien children in federal custody. The Department of Homeland Security is bound by the Flores v. Reno Settlement Agreement, which includes requirements that immigration officials detaining minors provide (1) food and drinking water, (2) medical assistance in the event of emergencies, (3) toilets and sinks, (4) adequate temperature control and ventilation, (5) adequate supervision to protect minors from others, and (6) separation from unrelated adults whenever possible."

The stipulated settlement agreement requires that the INS "place each detained minor in the least restrictive setting appropriate to the minor's age and special needs". INS had to provide the minor is poised to make timely appearances before immigration authorities and her or his well being is protected. The FSA said that INS facilities will provide "contact with family members who were arrested with the minor" and segregate unaccompanied minors from unrelated adults. Where the INS find the detention of a minor isn’t required to secure his or her timely appearance at a proceeding, it shall release the minor "without unnecessary delay." The minor "should be released, in order of preference, to a parent; a legal guardian; an adult relative; or an adult individual or entity designated by the parent or legal guardian or parent. According to the FSA, other choices, the agreement says, extend to licensed programs or, ultimately, another adult or entity seeking custody as an alternative to long-term custody and when "family reunification does not appear to be a reasonable possibility." The FSA includes instructions to INS "service officers" including: "Family reunification. Upon taking a minor into custody, the INS, or the licensed program in which the minor is placed, will promptly attempt to reunite the minor with his or her family to permit the release of the minor” in accord with the order-of-preference list. “Such efforts at family reunification will continue so long as the minor is in INS or licensed program custody."

Background

In 1985, Immigration and Naturalization Service (INS) apprehended then-15-year-old Jenny Lisette Flores, from El Salvador after she attempted to cross the Mexico-United States border, and detained her in an adult prison where she was strip searched. The Center for Human Rights and Constitutional Law filed a class action lawsuit Flores v. Meese against AG Edwin Meese, who served as United States Attorney General from February 25, 1985 to July 5, 1988 under President Ronald Reagan. The 1985 class action lawsuit was brought against the Immigration and Naturalization Service (INS) by the Center for Human Rights and Constitutional Law (CHRCL) through lawyers Carlos Holguin and Peter A. Schey on behalf of Flores.

Following many years of litigation which started with the July 11, 1985 filing of class action lawsuit, Flores v. Meese, and included the Supreme Court case Reno v. Flores which was decided in 1993,

On January 17, 1997 both parties signed the class action settlement agreement in Flores v. Reno, The Flores Settlement Agreement (FSA), which is binding on the defendants—the federal government agencies. The FSA was signed during the administration of President Bill Clinton.

Judge Gee ruled that Flores calls on the government to release children "without unnecessary delay", which she held was within 20 days. This was a major change to Flores. Dee was an Obama-appointed federal district court judge. Judge Dee ruled that the defendants' "blanket no-release policy with respect to minors accompanied by their mothers is a material breach of the Agreement."

Under the Trump administration

In June 2018, Senetor Ted Cruz said that the Trump administration's policy of separating children from their immigrating parents who are jailed at the U.S.-Mexico border, was tied to the Flores settlement. A June 18, 2018 PolitiFact article, included a "Summary of Flores v. Reno Agreement" summarized the Flores Agreement as "Summary of Flores v. Reno Agreement, PolitiFact Texas, June 2018 Immigration lawyers familiar with the FSA have said that there is "no such provision in the agreement and it "absolutely" does not explicitly bar "children from staying with parents who have been detained or jailed".