National Center for Youth Law

At the Center

The Government’s Detention of Children in Motels Violates the Flores Settlement Agreement

The National Center for Youth Law analyzed data and found that between April and June 2020, over 200 unaccompanied immigrant children from ages 0 – 17 years old were transferred from CBP to ICE custody, detained in motels, and then expelled from the United States under the Title 42 Order. Some of these children – including babies and toddlers – were held in motels for over a week.

This is an egregious violation of these children’s rights under the Flores Settlement Agreement. The government’s detention of children in motels for days on end instead of placement in licensed facilities is a flagrant violation of its legal obligations. Moreover, this forces already vulnerable children into a situation that further threatens their health, safety and wellbeing.

Plaintiffs’ Report on Parties’ Conference regarding “Title 42” Class Members

On July 29, NCYL and co-counsel requested the court to treat “Title 42” class members in accordance with the Flores Settlement Agreement, which requires children to be expeditiously placed in licensed facilities, to be released without delay to sponsors, to have access to attorneys, and for Plaintiff’s Counsel to have monitoring access, among other protections.

Read the filing here.

Response to the Government’s Objections to the Independent Monitor’s Interim Report Regarding Temporary Housing for Minors and Families under Title 42

On July 25, NCYL and co-counsel filed a detailed analysis of government data from April, May, and June 2020, showing that over 200 unaccompanied children were detained in motels by ICE. The data analysis shows that the number of children detained in motels and expelled from the country has increased rapidly each month – 29 children in April, 71 children in May, and 120 children in June, with an additional 20 children still detained at the end of June.

Read the analysis here.

Related Media Coverage

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Monitor calls on US to stop detaining migrant kids in hotels

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