CONCEPT – ILLEGAL IMMIGRANTS - FAMILIES WITH KIDS

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 CONCEPT – ILLEGAL IMMIGRANTS - FAMILIES WITH KIDS

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• Reno v. Flores, 507 U.S. 292 (1993) was a Supreme Court of the United States case in which the Court held that the Immigration and Naturalization Service’s regulations regarding the release of alien unaccompanied minors did not violate the Due Process Clause of the United States Constitution.
• Standards for detention: In 1997, after the Supreme Court remanded the matter to the District Court, the parties agreed to a consent decree in which the litigation would end once the government implemented certain standards for the detention, treatment, and release of unaccompanied alien minors. The District Court retained jurisdiction and the case remains open and active as of June 2018.
• Flores case: In 1985, Jenny Lisette Flores, an unaccompanied 15-year-old girl from El Salvador, was caught by the INS after illegally trying to cross the Mexico-US border. She was taken to a detention facility where she was held among adults and told she would only be released to her parents.
• Unconstitutional move: On July 11, 1985, the Center for Human Rights and Constitutional Law filed a class action lawsuit against U.S. Attorney General Edwin Meese, alleging that the government’s detention and release policies were in violation of the children’s rights under the Equal Protection Clause and the Due Process Clause of the United States Constitution.
• Agreement: In 1987, the parties agreed to a consent decree regarding detention conditions but the US District Court for the Central District of California granted summary judgment to the plaintiffs regarding the release conditions. On March 7, 1988, U.S. District Judge Robert J. Kelleher found that the INS policy to strip search children was unconstitutional.
• May - June 20, 2018: President Trump’s “Zero Tolerance” against illegal immigrants leads to firm action, and separation of kids from parents, leading to a huge social outcry. Trump - under pressure - signed an executive order to stop separating immigrant children from their parents at the border. Whole families together will be locked up!
• Under the new order, the administration will prosecute all immigrants apprehended between ports of entry (policy known as “zero tolerance”).
• This family detention policy likely violates the Flores settlement, under which authorities are not allowed to hold children for long periods of time. After immigrant advocates sued the Obama govt. for locking whole families in detention, a federal court extended the Flores protections to children traveling with relatives. (It was those protections that Trump skirted by separating adults from children.)

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