Flores v. Rosen, No. 19-56326 (9th Cir. 2020)Annotate this Case
This case relates to the consent decree incorporating the Flores Agreement, a 1997 settlement agreement between the United States and a class of all minors subject to immigration detention. The Agreement established nationwide standards for the detention, release, and treatment of minors by U.S. immigration authorities. The Agreement, by its own terms, terminates after the government's publication of final regulations implementing the Agreement. In 2019, the government issued final regulations represented as implementing, and thus terminating, the Agreement. The district court then concluded that the new regulations, on the whole, were inconsistent with the Agreement, enjoining the regulations from taking effect and denying the government's motion to terminate the Agreement.
The Ninth Circuit held that the provisions of the new regulations relating to unaccompanied minors are consistent with the Agreement except to the extent that they require ORR to place an unaccompanied minor in a secure facility if the minor is otherwise a danger to self or others and to the extent they require unaccompanied minors held in secure or staff-secure placements to request a hearing, rather than providing a hearing to those minors automatically unless they refuse one.
The panel also held that some of the regulations regarding initial detention and custody of both unaccompanied and accompanied minors are consistent with the Agreement and may take effect. However, the remaining new regulations relating to accompanied minors depart from the Agreement in several important ways. Therefore, the panel affirmed the district court's order enjoining those regulations. The panel further held that the district court correctly concluded that the Agreement was not terminated by the adoption of the regulations. Finally, the panel held that the district court did not abuse its discretion in denying the government's motion to terminate the Agreement, as the government has not demonstrated that changed circumstances, such as an increase in family migration, justify terminating the Agreement's protections.