Biden administration seeks to end agreement regulating conditions for migrant children in US custody

The Biden administration has taken a significant step in the handling of migrant children in government custody by moving to terminate the 1997 Flores settlement agreement. This agreement has long governed the conditions for children in government custody, requiring their release to sponsors without unnecessary delay and dictating the conditions of their care.

The administration argues that the settlement was meant to be temporary and that a new federal regulation will provide additional protections and respond to changing circumstances since 1997. The Health and Human Services Department, responsible for the care of unaccompanied migrant children, will now operate under this new regulation.

However, immigration attorneys have expressed concerns over the lack of outside oversight if the Flores settlement is terminated. Neha Desai, senior director of immigration at the National Center for Youth Law, highlighted the potential consequences, stating that without the settlement, they would no longer be able to ensure that children’s rights are upheld in government custody.

The termination of the Flores settlement marks a significant shift in the treatment of migrant children in government custody. The Biden administration’s decision to end this decades-old agreement reflects a broader effort to address the needs of unaccompanied children and provide them with the necessary protections for years to come.