#FamiliesBelongTogether—in Detention? The Administration Seems to Think So.

July 6, 2018

What Is the Flores Settlement?

Prior to the creation of the Department of Homeland Security (DHS) and ICE in 2003, there was Immigration and Naturalization Services (INS). In the 1980s, attorneys filed several lawsuits on behalf of detained unaccompanied minors, including a 1985 class action lawsuit from the American Civil Liberties Union (ACLU) on behalf of a 15-year-old Salvadoran girl named Jenny Lisette Flores. The suit challenged INS procedures for detaining, treating, and releasing immigrant children.

“The fight for Flores to be followed has been a long one, but what we’re seeing now is an explicit challenge to Flores and the law of the land that governs the way that children can be detained,” said Bob Libal, the executive director of the Austin, Texas-based immigrant rights organization Grassroots Leadership. “This is part of a larger attack on the legal protections vulnerable people have in the immigration system, including children, asylum seekers, and victims of domestic violence and gang violence. When it comes to challenging Flores, I think we can accurately say that [Attorney General Jeff] Sessions doesn’t care about immigrant children.”