Results from the Appeal in the Flores v. Lynch Case
In 1997, the federal government entered into a settlement with Jenny Lisette Flores. The Settlement set a standard for the detention, treatment, and release of minors held by immigration authorities. The Settlement creates a presumption in favor of releasing minors and requires that those who are not released, be detained in licensed, non-secure facilities that meet certain standards.
In 2014, in response to the surge of undocumented Central American migrants crossing the U.S. border, many of them minors, the government opened family detention centers in Texas and New Mexico. But the detention and release policies at these centers failed to comply with the Settlement by holding accompanied minors in detention.
The government claimed that this was not a violation because the Settlement only applies to unaccompanied minors.
In 2015, Flores moved to enforce the Settlement, arguing that it applies to all minors held in immigration custody. The district court agreed, granted a motion to enforce and denied the government’s alternative motion to amend the Settlement. It also ordered the government to release parents of released accompanied minors.
The government appealed the decision, challenging the district court’s ruling that the settlement applies to all minors. It also challenged the order to release parents and the court’s denial of the motion to modify the Settlement.
The appeal was heard before a panel in the U.S. District Court of Appeals for the Ninth Circuit. The panel stated that its primary objective in the case was to interpret the Settlement. The judges concluded that the Settlement unquestionably applies to both accompanied and unaccompanied minors, but it does not create release rights for accompanying parents. They also ruled that the district court was fully entitled to deny the government’s motion to amend the Settlement.
To view the full case, please click here.
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.