DHS and HHS Final Rule Amending the Regulations Relating to Custody of Minors
Joint DHS and Department of Health and Human Services (HHS) final rule amending the regulations relating to the apprehension, processing, care, custody, and release of noncitizen minors. The promulgation of this rule is intended to terminate the Flores Settlement Agreement. The rule is effective 10/22/19. (84 FR 44392, 8/23/19)
DEPARTMENT OF HOMELAND SECURITY
8 CFR Parts 212 and 236
DEPARTMENT OF HEALTH AND HUMAN SERVICES
45 CFR Part 410
RIN 1653–AA75, 0970–AC42
Apprehension, Processing, Care, and Custody of Alien Minors and Unaccompanied Alien Children
AGENCY: U.S. Immigration and Customs Enforcement (ICE), U.S. Department of Homeland Security (DHS); U.S. Customs and Border Protection (CBP), DHS; Office of Refugee Resettlement (ORR), Administration for Children and Families (ACF), U.S. Department of Health and Human Services (HHS).
ACTION: Final rule.
Note: On September 27, 2019, U.S. District Court Judge Dolly M. Gee issued a permanent injunction in the ongoing Flores litigation, blocking the government from implementing new regulations that would expand its ability to detain migrant children with their parents for indefinite periods of time. The Justice Department had urged the judge to allow the Trump administration to withdraw from the Flores Settlement Agreement. (Flores v. Barr, 9/27/19)
Related Resources
- The Flores Exhibits: Artists, lawyers, advocates, and immigrants read the sworn testimonies of children held in detention facilities at the U.S. / Mexico Border.
- DHS and HHS Announce New Rule Terminating the Flores Settlement Agreement
- Trump Administration Eliminates Established Protections for Children and Families
- Practice Alert: DHS and HHS Are Set to Publish Final Rule to Terminate Flores Settlement Agreement
- Documents Relating to Flores v. Reno Settlement Agreement on Minors in Immigration Custody