The INS announced in July a new regulation, based on the settlement in the case of Flores v. Reno, dealing with the detention, processing, and release of juvenile aliens. The proposed rule calls for the placement of juvenile aliens in the "least restrictive setting appropriate to the juvenile's age and circumstances."

Under the proposed rule, when the INS takes a juvenile unaccompanied by a parent or guardian and illegally in the US into custody, a Form I-770 must promptly be given to the alien juvenile. This form explains to the juveniles their rights and is where they decide on a course of disposition of their case, either a hearing or voluntary departure.

Another change is that juveniles unaccompanied by a parent or guardian will no longer be detained in the same area as unrelated adults. Furthermore, if the juvenile is not immediately released, the INS will hold them either in an INS center with separate accommodations for juveniles or, if such a place is not available, in a facility designed for non-delinquent juveniles.

If the detention is not required to protect the juvenile or others, the INS shall release the juvenile to an appropriate custodian, who must sign an agreement requiring that they perform certain obligations, primarily that they will meet the juvenile's financial needs and that they will ensure the juvenile's attendance at any immigration hearings.