The U.S. government on Friday filed a motion seeking to end part of a 27-year agreement that requires the treatment of immigrant children in federal custody to be subject to court oversight.
This action follows the recent announcement by the Department of Health and Human Services of its own regulations on protective measures, set to take effect on July 1. Health and Human Services Secretary Xavier Becerra emphasized that these rules “establish clear standards of care and medical care.”Treatment of unaccompanied people [migrant] The kids. “
In its application on Friday, the government argued that current court oversight is outdated and that new regulations would be a more effective means of ensuring children's safety. “Twenty-seven years later, there is good reason to believe that; [Flores Settlement Agreement’s] Goal achieved. “The court should terminate the FSA with respect to HHS,” the government wrote.
The 1997 Flores Agreement stemmed from more than a decade of legal disputes between immigrant child rights lawyers and the U.S. government, sparked by widespread reports of abuse in the 1980s. Lawyers for the four teenagers, including Jenny Lisette Flores, a 15-year-old from El Salvador, have described how Flores and the other plaintiffs were detained for long periods by the government, often with unrelated adults. He filed a lawsuit detailing how he was institutionalized and deprived of his education. and adequate medical care.
The agreement established guidelines for the detention, care, and release of minors. The law requires the prompt release of immigrant children to family members, child welfare programs, or appropriate adults when family reunification is not possible. In most cases, children released under these conditions are placed with next of kin while their immigration cases progress.
If release is not possible due to safety considerations, the agreement provides for minors to be detained in the least restrictive and appropriate environment.
Lecia Welch, deputy director of litigation at Children's Rights, which is representing the children in the case, said Friday's motion left these children uncared for and at risk of harm. “You're going to be at risk.” Having heard firsthand the horror stories of hundreds of children over the past eight years, I shudder to think about what will happen when we are gone. ”
The government says the upcoming rules, which take effect in July, will “implement and even exceed” the standards outlined in the Flores agreement. The new regulations establish an independent ombudsman's office, set minimum standards for temporary overflow shelters, and formalize screening procedures and enhanced legal support for releasing children to families or sponsors.
Judge Dolly Gee, U.S. District Judge for the Central District of California, who oversees the Flores agreement, must approve the government's motion Friday to throw out the Flores agreement.
