Attorney General Becerra Leads Coalition in Fight Against Federal Attempt to Undermine the Rights of Children in Civil Immigration Detention

SACRAMENTO – California Attorney General Xavier Becerra today announced leading a coalition of 20 attorneys general filing an amicus brief in support of the children who are plaintiffs in Flores v. Barr. The case, currently before the U.S. Court of Appeals for the Ninth Circuit, involves the Trump Administration’s attempts to terminate the Flores Settlement Agreement, which has governed the treatment of children in immigration custody since 1997. In the amicus brief, the coalition urges the court to uphold the permanent injunction issued by the district court, preventing the federal government from keeping children in prolonged and unnecessary detention.

“Children deserve to be treated with care and compassion. Period,” said Attorney General Becerra. “No child should ever be exposed to conditions that are harmful and inappropriate for their age, let alone for prolonged periods of time. We’ll continue to fight for the rights of the most vulnerable among us.”

Last year, a federal court halted the Trump Administration’s attempts to terminate and replace the Flores Settlement Agreement with an inadequate and unlawful new rule. In a separate case challenging the Trump Administration’s rule, a multistate coalition, led by California and Massachusetts, argued that the rule would have interfered with the states’ abilities to help ensure the health, safety, and welfare of children by undermining state licensing requirements for facilities where children are housed. In addition, the rule would have resulted in the vast expansion of family detention centers, which are not state licensed facilities and have historically caused increased trauma in children. Moreover, prolonged detention of children can result in significant long-term negative health consequences. Based on these concerns, the coalition argued the rule exceeded the administration's statutory authority and violated both the Administrative Procedure Act and the Due Process Clause of the Fifth Amendment to the U.S. Constitution.

The Flores Settlement Agreement stems from a class action lawsuit filed before the U.S. District Court for the Central District of California in 1985 in response to substandard conditions of confinement for immigrant children. The lawsuit sought to establish standards for how the federal government should handle the detention of children, including plaintiff Jenny Lisette Flores. In particular, the plaintiffs described conditions that included the use of strip searches, forcing children to share living quarters and bathrooms with unknown adults, and denying the release of minors to non-guardian relatives, leading to prolonged and cruel detention of children. Following litigation that moved through the U.S. Ninth Circuit Court of Appeals and the U.S. Supreme Court, the federal government eventually agreed to a settlement in 1997 resulting, among other things, in:

• Release of children “without unnecessary delay” to their parents, legal guardians, other adult relatives, another individual designated by the parents/guardians, or a state-licensed program willing to accept legal custody;
• Placing children in the “least restrictive setting” appropriate to the minor’s age and special needs; and
• Establishment of standards to meet the particular needs of children in immigration detention.

Attorney General Becerra remains committed to fighting for the human rights of people in California and across the United States. Last year, Attorney General Becerra led a coalition of attorneys general in filing an amicus brief seeking immediate relief under the Flores Settlement Agreement for children being held for weeks in inhumane conditions without access to basic necessities like soap, clean, water, toothbrushes, showers, or a place to sleep. In 2018, California led a coalition of 18 attorneys general opposing the Trump Administration’s initial proposal to circumvent the Flores Settlement Agreement. Earlier this year, Attorney General Becerra blasted a Trump Administration proposal that would prevent asylum-seekers from becoming self-sufficient while waiting for their cases to be decided. Attorney General Becerra is also leading a coalition of attorneys general against the Trump Administration’s harmful public charge rule that discourages hardworking immigrants and their families from accessing critical health, nutrition, and housing programs that supplement their modest wages and help them make ends meet.

In filing the amicus brief, Attorney General Becerra is joined by the attorneys general of Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, and the District of Columbia.

A copy of the amicus brief can be found here.