Biden Administration Has the Historic Opportunity to Create Permanent Protections for Children in Immigration Custody
In encouraging and exciting news, the Biden administration stated in a recent court filing that it will abandon Trump-era regulations that would have led to an attempt to terminate Flores Settlement Agreement protections for children in federal immigration custody.
In 2018, the Trump administration introduced regulations that fundamentally undermined critical protections and safeguards for immigrant children in government custody. NCYL fiercely litigated these regulations, prevailing in the Central District of California and in large part in the U.S. Court of Appeals for the Ninth Circuit.
Through multiple administrations, our interviews with children in federal custody have repeatedly revealed deeply concerning violations of the Flores Settlement—violations that compromised children’s basic health and safety. We’ve met with children whose mental health was deteriorating dramatically due to prolonged detention. We’ve met with children who have experienced abuse while in custody. In response, we’ve filed and prevailed on numerous motions to enforce the Settlement to hold the government accountable to its legal obligations.
As Flores counsel, NCYL is hopeful that the Biden administration will embrace this opportunity to partner with stakeholders and create a new regulatory framework that will center the best interests of children and ensure meaningful independent oversight and agency accountability for years to come.
