Flores v. Reno
Flores v. Reno
NCYL and co-counsel filed Flores v. Reno in 1985 to address the egregious harms immigrant children in federal custody faced. The case was settled in 1997 and remains under the supervision of U.S. District Judge Dolly M. Gee in the Central District of California.
The Flores Settlement Agreement establishes national minimum standards for the treatment and placement of minors in what was then Immigration and Naturalization Service (INS) custody. INS obligations under the agreement are now the responsibility of the Department of Homeland Security (DHS) and the Department of Health and Human Services' Office of Refugee Resettlement (ORR).
The Settlement establishes a policy favoring the release of youth. With limited exceptions, the Settlement requires the government to place unaccompanied children in non-secure facilities that are state-licensed to care for dependent children. It also requires that children who remain in federal custody be placed in the least restrictive environment and mandates provision of certain services.
Since 1997, NCYL and co-counsel have filed numerous motions to enforce the Settlement in response to the government’s egregious violations of its terms.
Case Files
Files | Filed by | Date of Filing |
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Order Granting Motion to Enforce re Emergency Intake Sites
Title of FilingOrder Granting of Final Approval of Settlement Agreement |
Court |
|
Proposed Settlement re: Emergency Intake Sites
Title of FilingStipulated Settlement of Plantiffs' Motion to Enforce Settlement re Emergency Intake Sites |
Plaintiffs |
|
Motion to Enforce re: Emergency Intake Sites
Title of FilingNotice Of Motion And Motion To Enforce Settlement Re Emergency Intake Sites |
Plaintiffs |
|
9th Circuit Opinion re: Title 42
Title of FilingOpinion by Judge Berzon |
Court |
|
Response to ORR Juvenile Coordinator Report
Title of FilingPlaintiffs’ Response To Orr Juvenile Coordinator’s June 4, 2021 Interim Report |
Plaintiffs |
|
9th Circuit Opinion
Title of FilingOpinion by Judge Berzon |
Court |
|
Response to ICE/ORR Juvenile Coordinator Report
Title of FilingPlaintiffs’ Response To Juvenile Coordinators’ Interim Reports |
Plaintiffs |
|
Order - Motion to Enforce
Title of FilingIn Chambers—Order Re Plaintiffs’ Motion To Enforce Settlement As To “Title 42” Class Members |
Court |
|
Ninth Circuit Order Denying Request for Stay
Title of FilingOrder |
Court |
|
Order Denying Request for Stay
Title of FilingIn Chambers—Order Re Defendants’ Ex Parte Application To Stay |
Court |
|
District Court Order
Title of FilingIn Chambers—Order Re Updated Juvenile Coordinator Reports |
Court |
|
ORDER - Motion to Enforce
Title of FilingIn Chambers—order Re Plaintiffs’ Motion To Enforce |
Court |
|
ORDER - Extending Temporary Restraining Order (re: COVID-19)
Title of FilingIn Chambers—order Extending Temporary Restraining Order And Permitting Supplemental Briefing |
Court |
|
Order Enjoining Regulations and Denying Defendant's Motion to Terminate the Flores Settlement Agreement
Title of FilingOrder Re Plaintiffs’ Motion To Enforce Settlement And Defendants’ Notice Of Termination And Motion In The Alternative To Terminate The Flores Settlement Agreement |
Court |
|
Order: Permanent Injunction of the Government's Regulations
Title of FilingPermanent Injunction |
Court |
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20-State Amicus Brief
Title of Filing20-State Amicus Brief |
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Read the Memorandum of Points and Authorities
Title of FilingMemorandum Of Points And Authorities In Support Of Plaintiffs’ Ex Parte Application For Temporary Restraining Order And Order To Show Cause Why A Preliminary Injunction And Contempt Order Should Not Issue |
Plaintiffs |
|
Proposed Temporary Restraining Order and Order to Show Cause
Title of Filing[Proposed] Temporary Restraining Order And Order To Show Cause Re: Preliminary Injunction And Contempt Order |
Plaintiffs |
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Accompanying Exhibits for Proposed TRO
Title of FilingAccompanying Exhibits for Proposed TRO |
Plaintiffs |
|
Schedule of Monitor Reports
Title of FilingIn Chambers - Order Re Notice To The Court Re Proposed Extension Of Time And Modification |
Court |
|
ORDER - Special Master Order Reinstating Old Order
Title of FilingIn Chambers - Order Re Defendants’ Motion For Partial Reconsideration Of Order Appointing Special Master/independent Monitor |
Court |
|
Motion to Enforce
Title of FilingNotice Of Motion And Motion To Enforce Settlement |
Plaintiffs |
|
Flores Order Appointing Special Monitor
Title of FilingOrder Appointing Special Master/independent Monitor |
Court |
|
ORDER - Motion to Enforce
Title of FilingIn Chambers - Order Re Plaintiffs’ Motion To Enforce Class Action Settlement |
Court |
|
Flores Supplemental Complaint
Title of FilingComplaint For Injunctive Relief, Declaratory Relief, And Nominal Damages |
Plaintiffs |
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Motion to Enforce
Title of FilingMemorandum In Support Of Motion To Enforce Class Action Settlement |
Defendants |
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Flores Opinion - 9th Circuit
Title of FilingOpinion by Judge Reinhardt |
Court |
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Flores Order - Central District
Title of FilingIn Chambers - Order Re Plaintiffs’ Motion To Enforce And Appoint A Special Monitor |
Court |
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Flores Ruling
Title of FilingIn Chambers—order Re Plaintiffs’ Motion To Enforce Settlement Of Class Action And Defendants’ Motion To Amend Settlement Agreement |
Court |
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Stipulated Settlement
Title of FilingFlores v. Reno Stipulated Settlement |
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Flores Amended Complaint
Title of FilingSecond Amended Complaint for Damages, Injunctive and Declaratory Relief, and Relief in the Nature of Mandamus |
Plaintiffs |
|
Original Flores Complaint
Title of FilingComplaint For Injunctive Relief, and Relief in the Nature of Mandamus |
Plaintiffs |
Press Coverage
We Must Do More for Children Seeking Safety at Our Borders
Newsweek
These Children Fled Afghanistan Without Their Families. They’re Stuck in U.S. Custody.
ProPublica
Biden administration faces lawsuit over ‘shockingly deplorable’ child migrant conditions in Texas
Fox News
Why is the Biden administration still keeping migrant kids locked up? The saga of Title 42
Salon
Detained Immigrant Teens Feel Desperate And Hopeless At Emergency Shelters, Attorneys Say
Buzz Feed
Biden administration sued over substandard conditions at emergency sites for migrant teens
CBS News