Practice Advisory: Preliminary Injunction in Lucas R. v. Becerra

This practice advisory discusses the recent issuance of a preliminary injunction in Lucas R. v. Becerra and aims to help legal service providers and child advocates make use of the due process protections now required. The Department of Health and Human Services Office of Refugee Resettlement (“ORR”) is required to provide significant due process protections to children who are (1) detained in restrictive placements and/or (2) denied release to close family members attempting to sponsor them. The preliminary injunction goes into effect on October 29, 2022 and follows the Court’s order granting partial summary judgment in the case.