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Immigration Law

ICE Final Rule on Flores to be Published in September 2019?

This document is scheduled to be published in the Federal Register on 06/24/2019.

"U.S. Immigration and Customs Enforcement—Final Rule Stage

Apprehension, Processing, Care and Custody of Alien Minors and Unaccompanied Alien Children

Regulation Identifier Number 1653–AA75

APPREHENSION, PROCESSING, CARE AND CUSTODY OF ALIEN MINORS AND UNACCOMPANIED ALIEN CHILDREN

EO 13771 Designation: Other

Legal Authority: 8 U.S.C. 1103; 8 U.S.C. 1182; 8 U.S.C. 1225 to 1227; 8 U.S.C. 1362

Abstract: In 1985, a class-action suit challenged the policies of the former Immigration and Naturalization Service (INS) relating to the detention, processing, and release of alien children; the case eventually reached the U.S. Supreme Court. The Court upheld the constitutionality of the challenged INS regulations on their face and remanded the case for further proceedings consistent with its opinion. In January 1997, the parties reached a comprehensive settlement agreement, referred to as the Flores Settlement Agreement (FSA). The FSA was to terminate five years after the date of final court approval; however, the termination provisions were modified in 2001, such that the FSA does not terminate until 45 days after publication of regulations implementing the agreement. Since 1997, intervening statutory changes, including passage of the Homeland Security Act (HSA) and the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA), have significantly changed the applicability of certain provisions of the FSA. The rule would codify the relevant and substantive terms of the FSA and enable the U.S. Government to seek termination of the FSA and litigation concerning its enforcement. Through this rule, DHS, HHS, and DOJ will create a pathway to ensure the humane detention of family units while satisfying the goals of the FSA. The rule will also implement related provisions of the TVPRA.

Timetable: Action Date FR Cite NPRM 09/07/18 83 FR 45486 NPRM Comment Period End 11/06/18 Final Action 09/00/19

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Mark Lawyer, Chief, Regulations, Department of Homeland Security, U.S. Immigration and Customs Enforcement, 500 12th Street SW, Mail Stop 5006, Washington, DC 20536 Phone: 202 732–5683 Email: mark.lawyer@ice.dhs.gov RIN: 1653–AA75