Agreement on conditions for immigrant children in the US partially terminated

A federal judge has partially ended a decades-old agreement that oversees conditions for immigrant children in U.S. federal government custody, according to a court order that took effect Monday.

The decision by U.S. District Judge Dolly M. Gee terminates, with exceptions, the 1997 Flores Agreement, which established national standards for the humane treatment of children in U.S. custody at the Department of Health and Human Services (HSS), while allowing the agreement to remain in full force and effect at Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICA).

Unaccompanied immigrant children go through immigration processing while in APF custody before being transferred to SSH care, where they remain until they are reunified with a guardian, such as a parent or relative in the United States.

“We are deeply disappointed by the court’s decision and concerned that it puts thousands of children in danger,” said Leecia Welch, attorney for the plaintiffs and deputy legal director of Children’s Rights.

The Biden administration argued in May that SSH implemented a federal regulation, known as the “Unaccompanied Minors Program Foundational Rule,” that codified the agreement’s requirements, provided additional protections and responded to unforeseen changes, as previously reported by CNN . The new SSH regulations also came into effect on Monday.

Plaintiffs’ attorneys argued that federal regulations failed to provide adequate protections for some immigrant children, such as those in medium-security facilities, according to the court order, and did not address the lack of state licensing for unaccompanied minors shelters in places like Texas and Florida.

“The rule was a huge step forward, but it was the failure to address the lack of state licensing that deeply concerned us. Additionally, the rules fail to protect some of the most vulnerable children in ORR custody, those in the most restrictive settings, who often face more intense trauma and mental health needs,” Welch said.

The Biden administration has argued that the new federal regulation requires centers for unaccompanied immigrant children to “be licensed by the state or, if not … meet state licensing requirements,” according to court documents.

A CNN reached out to SSH for comment and did not immediately receive a response, but in April, SSH Secretary Xavier Becerra said the new federal regulation “reinforces SSH’s unwavering commitment to the health, safety and well-being of unaccompanied children in our care.”

“By improving the legal framework governing the Unaccompanied Children Program, we are establishing clear standards for the care and treatment of unaccompanied children in ORR custody and the support they receive as they transition to new communities,” Becerra said in a statement issued in April.

Judge Gee’s ruling allows attorneys representing plaintiffs like Welch access to SSH facilities and information about children in custody there, opening the possibility for attorneys to monitor immigrant children in SSH custody.”

“Our team will ensure that the administration holds itself accountable for its promises to keep children safe in unlicensed facilities. And if it fails to provide adequate alternative safeguards to state licensing in Texas and Florida, we will not hesitate to return to court,” Welch said, according to court documents.

The Trump administration tried but failed to terminate the Flores Agreement in 2019, according to court documents.

Under Gee’s ruling, the court has the power to modify the order if circumstances change, including if the new federal regulation is rescinded or modified because it is inconsistent with the Flores settlement, giving some advocates confidence that the order has the necessary safeguards to protect immigrant children, regardless of who is in the White House.

“The fact that the order maintains jurisdiction over SSH and preserves our ability to hear directly from children gives me hope that no matter what happens in November, the fundamental protections afforded to immigrant children under the Flores Settlement for the past 27 years will continue,” Welch said.

“But some lawyers and immigrant advocates are still concerned that the decision could mean that some immigrant children detained by the U.S. government could end up in dangerous conditions.

“Having spent nearly two decades advocating for children in U.S. government custody, I have repeatedly witnessed children in dangerous situations. The premature termination of the Flores Agreement creates a situation where unaccompanied children in immigration custody could end up in dangerous conditions that go unnoticed and unaddressed for years to come,” said Neha Desai, senior director of immigration at the National Center for Youth Law.