Reno v. Flores

Reno v. Flores, 507 U.S. 292 (1993), was a Supreme Court of the United States case that addressed the detention and release of unaccompanied minors .

The Supreme Court ruled that the Immigration and Naturalization Service 's regulations regarding the release of alien unaccompanied minors did not violate the Due Process Clause of the United States Constitution . The Court held that "alien juveniles detained on suspicion of being deportable may be released only to a parent, legal guardian , or other related adult." The legacy for which Reno v. Flores became known was the subsequent 1997 court-supervised stipulated settlement agreement which is binding on the defendants (the federal government agencies) —the Flores v. Reno Settlement Agreement or Flores Settlement Agreement (FSA) to which both parties in Reno v. Flores agreed in the District Court for Central California (C.D. Cal.) .

The Flores Settlement Agreement (FSA), supervised by C.D. Cal., has set strict national regulations and standards regarding the detention and treatment of minors by federal agencies for over twenty years. It remains in effect until the federal government introduces final regulations to implement the FSA agreement. The FSA governs 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-in particular the United States Citizenship and Immigration Services (USCIS). The FSA is supervised by a U.S. district judge in the District Court for Central California.

The litigation originated in the class action lawsuit Flores v. Meese filed on July 11, 1985 by the Center for Human Rights and Constitutional Law (CHRCL) and two other organizations on behalf of immigrant minors, including Jenny Lisette Flores, who had been placed in a detention center for male and female adults after being apprehended by the former Immigration and Naturalization Service (INS) as she attempted to illegally cross the Mexico–United States border . Under the Flores Settlement and current circumstances, DHS asserts that it generally cannot detain alien children and their parents together for more than brief periods. In his June 20, 2018 executive order, President Trump had directed then-Attorney General Jeff Sessions to ask the District Court for the Central District of California , to "modify" the Flores agreement to "allow the government to detain alien families together" for longer periods, which would include the time it took for the family's immigration proceedings and potential "criminal proceedings for unlawful entry into the United States". : 2  On July 9, Judge Gee of the Federal District of California, ruled that there was no basis to amend the 1997 Flores Settlement Agreement (FSA) that "requires children to be released to licensed care programs within 20 days."

In 2017, U.S. District Judge Dolly Gee found that children who were in custody of the U.S. Customs and Border Protection lacked "food, clean water and basic hygiene items" and were sleep-deprived. She ordered the federal government to provide items such as soap and to improve the conditions. The federal government appealed the decision saying that the order forcing them to offer specific items and services exceeded the original Flores agreement. The June 18, 2019 hearing became infamous and caused nationwide outrage when a video of the Department of Justice senior attorney arguing against providing minors with toothbrushes and soap went viral. The federal government lost their appeal when a three-judge panel of the United States Court of Appeals for the Ninth Circuit upheld Judge Gee's order on August 15, 2019.

Contents

• 1 Background and lower court cases

• 2 USSC Reno v. Flores 1993

• 3 Flores Settlement Agreement

  • 3.1 Subsequent history

  • 3.2 Trump administration family separation policy

• 4 See also

• 5 Notes

• 6 References

• 7 External links

Background and lower court cases

(https://en.wikipedia.org/w/index.php?title=Reno_v._Flores&action=edit&section=1 "Edit section: Background and lower court cases")

In 1985, Jenny Lisette Flores, an unaccompanied 15-year-old girl from El Salvador , was apprehended by the Immigration and Naturalization Service (INS) after illegally attempting to cross the Mexico–United States border . : 1648  The unaccompanied minor was taken to a detention facility where she was held among adults of both sexes, was daily strip searched, and was told she would only be released to the custody of her parents, who, INS suspected, were illegal immigrants.

On July 11, 1985, the Center for Human Rights and Constitutional Law and two other organizations, filed a class action lawsuit Flores v. Meese, No. 85-4544 (C.D. Cal.) on behalf of Flores and "all minors apprehended by the INS in the Western Region of the United States", : 1  against U.S. Attorney General Edwin Meese , challenging the conditions of juvenile detention and alleging that the "defendants' policies, practices and regulations regarding the detention and release of unaccompanied minors taken into the custody of the Immigration and Naturalization Service (INS) in the Western Region" were unconstitutional. : 1  Lawyers for the plaintiffs said that government's detention and release policies were in violation of the children's rights under the Equal Protection Clause and the Due Process Clause of the United States Constitution . : 1648  The plaintiffs originally directed their complaint at the newly released policy introduced by then director of Western Region of the Immigration and Naturalization Service (INS), Harold W. Ezell. Under the new policy—83 Fed. Reg. at 45489—which was introduced on September 6, 1984, a detained immigrant minor "could only be released to a parent or legal guardian". This resulted in minors, such as Flores, being detained in poor conditions for "lengthy or indefinite" periods of time. : 33 

In late 1987, the C.D. Cal District Court had "approved a consent decree to which all the parties had agreed, "that settled all claims regarding the detention conditions".

In 1988, INS issued a new regulation— 8 CFR 242.24—that amended the 8 Code of Federal Regulations (CFR) parts 212 and 242 regarding the Detention and Release of Juveniles. The new INS regulation, known as 242.24, provided for the "release of detained minors only to their parents, close relatives, or legal guardians, except in unusual and compelling circumstances." The stated purpose of the rule was "to codify the

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