​Flores Settlement
Immigration
Filing Date: 07/11/1985
Case Type: Class Action
Court: U.S. District Court, C.D. Cal.
Docket #: 85-cv-4544-DMG-AGR
Status: Active
Page Last Updated: September 2, 2024
The Issue
The Flores Settlement is a landmark case that protects the rights of detained immigrant minors in the U.S. and sets nationwide standards for their care and release.
Summary
In 1985, the Center for Human Rights and Constitutional Law (CHRCL) filed Flores v. Meese, a class-action lawsuit challenging the U.S. government’s detention policies regarding immigrant minors. The case arose after Jenny Lisette Flores, a 15-year-old fleeing the Salvadoran Civil War, was detained in inhumane conditions. This legal battle eventually led to the 1997 Flores Settlement Agreement, which established national standards for the detention, treatment, and prompt release of minors in federal custody.​
Children must be held in the “least restrictive setting” appropriate, based on his or her age and needs.
Children must be held in facilities that are "safe and sanitary" and that are consistent with the INS's concern for the particular vulnerability of minors.
Flores Agreement
Key Provisions of the Flores Settlement
The Flores Settlement requires the government to:
• Detain minors in licensed facilities designed for their care.
• Provide access to essential services, including healthcare, education, and family reunification.
• Promptly release minors to family members or other qualified custodians whenever possible.
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CHRCL’s General Counsel and Legal Director, Carlos Holguin serves as class counsel, overseeing the settlement’s implementation.
Ongoing Monitoring and Enforcement
Under the Flores Settlement, CHRCL is the only non-governmental organization permitted to inspect detention sites nationwide and interview detained minors to ensure compliance. Our team regularly visits facilities, including Border Patrol stations, to monitor conditions, gather evidence, and file motions when violations occur.
We collaborate with community organizations and advocates to provide legal, medical, and psychological support for detained minors. Additionally, we offer technical assistance and conduct trainings for professionals involved in inspections and interviews, preparing reports for the federal court overseeing the case.
Recent Legal Challenges and Victories
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2018: In response to President Trump’s Executive Order 13841, the Department of Justice attempted to terminate key provisions of the Flores Settlement. The court rejected this attempt, ensuring that minors would continue to be held in licensed facilities.
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2019: The Trump administration issued new regulations seeking to undermine the Flores Settlement. Again, the court blocked these efforts.
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2020-2021: In light of the COVID-19 pandemic, the court issued orders mandating the prompt release of minors to family members and implementing protections to reduce the health risks to detained children.
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2022 Settlements:
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U.S. Border Patrol: The court approved a settlement requiring that children not be separated from their parents or guardians in the Rio Grande and El Paso sectors unless there is a legitimate concern for the child’s safety. It also mandated improvements in medical care, nutrition, and housing for detained children and appointed an independent Juvenile Care Monitor to oversee conditions.
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Office of Refugee Resettlement (ORR): The court approved a settlement requiring ORR to release minors at Emergency Intake Sites (EISs) without unnecessary delay, place them in licensed programs quickly, and adopt standards to ensure EISs comply with ORR’s policies. Particularly vulnerable children were transferred out of problematic facilities.
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Children must be released “without unnecessary delay” to a sponsor, which may be a parent, relative, designate of the parent, or responsible adult, as deemed appropriate.
The Settlement protects “[a]ll minors who are detained in the legal custody of the INS or its successors in interest, ICE, CBP, and ORR.
Flores Agreement
Continuing Our Mission
CHRCL remains dedicated to protecting the rights of immigrant minors. We continue to provide legal representation, monitor compliance, and challenge attempts to undermine the Flores Settlement, ensuring the humane treatment and prompt release of detained children.
If your organization is interested in participating in detention site inspections or providing support for detained minors, please contact us for more information on how to get involved.