Trump Administration Challenges Flores Consent Judgment
In a recent filing in a Los Angeles federal court, the Trump administration is pressing to revise the “Flores Consent Judgment.” Attorney General Pam Bondy contends that this order incentivizes illegal immigration at the U.S.-Mexico border.
The Flores Order has governed the detention and release of immigrant children since its inception in 1997. A motion put forth by the Department of Justice (DOJ), together with the Department of Health and Human Services (HHS) and the Department of Homeland Security (DHS), seeks to dissolve this decree in federal courts located in Southern California.
Claims regarding the dissolution of the Flores order will be considered at a hearing scheduled for July 18 before U.S. District Judge Dorisey in Los Angeles. Judge Gee, who has overseen the case for years, is not likely to approve the removal of the Flores order, potentially setting the stage for further appeals, possibly extending to the Supreme Court.
Bondy argues that “the outdated Flores consent ruling was implemented almost 30 years ago, but in recent years it has directly encouraged illegal immigration at our southern border.” She emphasizes that both Congress and various federal agencies have taken steps to amend what this consent order entails.
Officials from the DOJ have mentioned that their aim is to restore authority to elected officials in Washington, steering it away from relying on a federal judge in California.
In their submission, the DOJ argued that “the government is moving to complete the FSA regarding all defendants and dissolve the court’s injunction affecting DHS related to the handling of foreign minors.” They assert that the continued enforcement of the Flores order is no longer in the public interest, especially in light of significant changes over the years.
The Flores Settlement Agreement (FSA) was entered as a consent judgment in 1997 and modified in December 2001. It oversees the care and custody of unaccompanied foreign children. Over the years, the FSA has expanded its scope to include minors accompanied by adults, even though it appears the original agreement did not foresee this inclusion.
Throughout the nearly three decades under the FSA, the situation has dramatically changed. There has been a notable increase in the number of individuals, particularly families and children, arriving at the southern border. Changes necessitated by the global pandemic have further complicated the immigration landscape, prompting governments to implement measures for public health.
Efforts have been made by successive administrations to navigate out from under the constraints of this consent order. Still, juvenile detention policies remain heavily influenced by regulations established back in 1997, reflecting the challenges of adjusting to evolving immigration dynamics.
