Flores Settlement Agreement 101

August, 2016

History

The Flores agreement set a nation-wide

policy regarding the detention, release and treatment of

minors in INS custody

Flores v Western Region of the Immigration and Naturalization

Service (INS) (1985)

In March 1993, the Supreme Court decided in favor of the INS

Settled in 1997

The DHS & ORR are required to…

Release children without

unnecessary delay

Place children in the “least restrictive”

setting appropriate to age and needs

Implement standards relating

to care and treatment

Segregation of delinquents from

non-delinquents and children from adults

Safe & sanitary conditions

Adequate Supervision

Contact with parents

Standards for temporary care

following detention:

The Flores Settlement also permitted authorities to place children in county detention

facilities if release was not possible

*Detained children must be segregated from offenders*

Services Required by Flores

• Medical & mental health services

• Individual needs assessment

• Appropriate educational services

• Outdoor recreation

• Acculturation & adaptation services

• Access to religious services

• Family member visitation

• Right to privacy

• Family reunification

General Policy Favoring Release

Secure timely appearance before the

immigration court

Ensure the minor’s safety

or that of others

DHS/ORR shall release a minor

from custody without

necessary delay

If detention is not required to…

Preferences for release…

1. a parent;

2. a legal guardian;

3. an adult relative;

4. an adult individual or entity designated by the parent or legal guardian to care for the child;

5. a licensed program willing to accept legal custody;

6. or an adult individual or entity seeking custody, at the discretion of the INS, when there appears to be no other alternative.

Screening of Sponsors

Receive an Affidavit of Support

Sponsor agrees to ensure the minor shows up to court

DHS/ORR is notified of a Change of Address(COA) within 5 days

following a move

Family Reunification

Upon taken into custody, the licensed facility must make prompt and continuous

effort at family reunification, and document the efforts.

Family reunification effort must continue as long as the minor is in custody.

Transfer of Minors

Have all belongings and legal papers on

person

1

Must notify the minor’s attorney (if applicable)

2

Questions?