Attorney General Ford Challenges Trump Administration Rule Removing Protections for Immigrant Children

August 26, 2019

Carson City, NV – Today, Nevada Attorney General Aaron D. Ford joined a coalition of 20 states in filing a lawsuit opposing the Trump Administration’s new rule allowing the prolonged detention of children. The rule circumvents the Flores Settlement Agreement, which has governed the treatment of children in immigration custody since 1997. In their complaint before the U.S. District Court for the Central District of California, the attorneys general argue that the 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 communities that accept them upon their release from federal custody.

    “This latest Trump Administration policy to keep children in cages for an indefinite period of time is both cruel and shameful,” said AG Ford. “What’s more, it reverses a longstanding court-approved settlement concerning the humane treatment of immigrant children. I stand with other states in fighting this attack on our children and families using every legal tool at my disposal.”

      The coalition of attorneys general believe 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 lead to prolonged detention for children with significant long-term negative health consequences. In addition, the attorneys general argue the rule 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 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 expressed significant concerns about the use of strip searches, forcing children to share living quarters and bathrooms with adults, 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; 
          • Placement of 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.

            In addition to Nevada, the following states and territory are included in today’s lawsuit: California, Massachusetts, Connecticut, Delaware, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington and the District of Columbia.

              The complaint is being filed.