Attorneys representing migrant children who arrived to the United States on their own are expressing concerns about the Biden administration’s new rules for their custody. They argue that the new regulations are not sufficient to ensure the safety of the children and should not replace the court oversight provided by the Flores agreement. The government’s attorneys have argued that the Flores agreement has outlived its purpose and that new rules are necessary. The Biden administration has requested the court to partially lift the rules of the Flores agreement and implement new safeguards effective July 1.
Advocates for child migrants currently have the authority to visit custody facilities, interview staff and migrants, and file complaints with the court under the Flores agreement. They believe that the court oversight is crucial for ensuring the safety and well-being of children in U.S. custody. The Flores agreement was initially established in 1997 after a lawsuit detailed mistreatment of migrant children in government facilities. The agreement has been instrumental in guaranteeing safe conditions for children, especially amid increasing border detentions of unaccompanied minors over the past two years.
The Biden administration is seeking to terminate the Flores agreement with the Department of Health and Human Services, which takes custody of unaccompanied children within 72 hours of their arrest at the border. The agreement would still apply to children in the care of the Border Patrol and Department of Homeland Security, including a 20-day limit on holding unaccompanied children and parents traveling with a child. The health department claims that their new rules meet or exceed standards set by the court settlement, but advocates for child migrants argue that the government has failed to establish proper oversight in states where licenses of facilities caring for children have been revoked.
Lawyers representing child migrants are raising concerns about the lack of regulatory frameworks in states where licenses for facilities caring for children have been revoked. Texas and Florida, both led by Republican governors critical of migration flows, revoked licenses for these facilities in 2021, leaving a gap in oversight that could pose risks to child safety. The lawyers argue that the new rules do not adequately address facilities caring for children with more acute needs. The Biden administration is expected to provide more details to the judge regarding how they plan to ensure oversight of non-government facilities caring for children with specific needs.
The original lawsuit that led to the Flores agreement was filed on behalf of teenagers, including Jenny Lisette Flores, who detailed mistreatment and inadequate care while in government custody. In recent years, there has been a surge in unaccompanied children arriving at the border, leading to increased scrutiny of the federal government’s handling of child migrants. The health department typically releases unaccompanied children to close relatives while their immigration cases are being processed. Advocates and attorneys for child migrants are urging the court to maintain the oversight provided by the Flores agreement to ensure the safety and well-being of children in U.S. custody.
