FILE – Immigrants line up in the dinning hall at the U.S. government’s newest holding center for migrant children, July 9, 2019, in Carrizo Springs, Texas. A federal judge on Friday, June 28, 2024, approved the Biden administration’s request to partially end a nearly three-decade-old agreement to provide court oversight of how the government cares for migrant children in its custody.
The Justice Department argued that new safeguards, which are set to take effect Monday, meet and in some ways exceed standards set forth in the so-called Flores settlement agreement, which first established court supervision over custody facilities in 1997. The judge for the most part agreed, carving out exceptions for certain types of facilities for children with more acute needs.
“It is disappointing and premature to allow partial termination — before the federal government has set up an alternative to the crucial protections offered by state licensing — but we are relieved that children will still have access to Flores counsel to monitor their treatment,” Welch said. The judge’s decision came three days before the beginning of the HHS regulations that, according to Secretary Xavier Becerra, will set “clear standards for the care and treatment of unaccompanied children.”’The new regulations at the health and human services department will create an independent ombudsman’s office, establish minimum standards at temporary overflow shelters and formalize advances in screening protocols for releasing children to families and sponsors and for legal services.
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