Attorney General Becerra Leads Multistate Coalition in Seeking Preliminary Injunction to Halt Trump Administration’s Rule Allowing Prolonged Detention of Children

Friday, August 30, 2019
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SACRAMENTO – California Attorney General Xavier Becerra and Massachusetts Attorney General Maura Healey today led a coalition of attorneys general in filing a motion for a preliminary injunction to block the Trump Administration’s new rule circumventing the Flores Settlement Agreement, which has governed the treatment of children in immigration custody since 1997. The Trump Administration’s rule eliminates several critical protections guaranteed by the Flores Settlement Agreement. In particular, the prolonged detention risked by the rule would cause irreparable harm to children, their families, and the California communities that accept them upon their release from federal custody. The rule’s elimination of the states’ role in licensing care for vulnerable children is another serious concern. In the motion filed before the U.S. District Court for the Central District of California, the coalition urges the court to block the rule while litigation continues.

“Together, we’re taking a stand against the Trump Administration’s unnecessary and callous new rule that undermines protections for children,” said Attorney General Becerra. “No child should ever have to face the threat of prolonged detention, especially after fleeing violence and persecution. Being an immigrant should not disqualify you from being treated with dignity and respect. That’s why we’re asking the court to put a stop to this rule while litigation continues.”

In the complaint filed earlier this week, the Attorneys General argue that the Trump Administration’s final rule interferes with the states’ ability to help ensure the health, safety, and welfare of children by undermining state licensing requirements for facilities where children are held. The rule would result in the vast expansion of family detention centers, which are not state licensed facilities and have historically caused increased trauma in children. The rule will also lead to prolonged detention for children, which could result in significant long-term negative health consequences. Based on these concerns, the Attorneys General argue the rule exceeds the agencies’ statutory authority and violates 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 unaccompanied immigrant children. The lawsuit sought to establish standards for how the federal government should handle the detention of minors, 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 adults of the opposite sex, and that minors could not be released 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 reached a settlement with class counsel 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 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 for safe and sanitary conditions of confinement for children in immigration detention.

Attorney General Becerra remains committed to safeguarding the human rights of people in California and around the country. In July, Attorney General Becerra led a coalition of attorneys general 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 month, Attorney General Becerra led a coalition of attorneys general in opposing the Trump Administration’s vast expansion of the use of expedited removal, allowing for certain individuals to be deported without the due process protections afforded in normal removal proceedings. Attorney General Becerra also co-led a coalition of 22 attorneys general in urging the U.S. Departments of Justice and Homeland Security to rescind a new rule limiting access to the asylum process.

Joining Attorney General Becerra in seeking the preliminary injunction are the Attorneys General of Massachusetts, Connecticut, Delaware, Illinois, Maine, Maryland, 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 motion is available here. A copy of the complaint is available here.

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