Tuesday, October 6, 2020

Flores Lives: Ninth Circuit Denies U.S. Government's Call for Emergency Stay of Orders in Flores v. Barr


The Flores settlement, which governs the detention of immigrant minors, continues to be in the news -- and in the courts.  Here is the latest Ninth Circuit opinion (Judge William Fletcher, Marsha Berzon, and Milan Smith) on the Trump administration's latest immigrant detention practices:  

"The district court issued two orders precluding the Department of Homeland Security (`DHS') from detaining certain minors in hotels for more than a few days in the process of expelling them from the United States. Addressing the government’s emergency motion for a stay, we conclude that the government is unlikely to succeed on the merits of its appeal, as we likely do not have jurisdiction over the appeal. The government also has not established that it would be irreparably harmed if it were obliged to comply with the district court’s orders while the appeal is pending. We therefore deny the government’s motion for a stay."

Suzanne Monyak reports for Law360 reports on the Ninth Circuit order:   

"The Ninth Circuit preserved a lower court order barring the Trump administration from holding asylum-seeking children in hotels for more than three days before deporting them, finding in a ruling Sunday that the administration wasn't likely to win its case defending the practice.

A three-judge panel for the federal appeals court refused to lift a California federal judge's decision that limited these hotel stays for minors to three days, except in emergency circumstances flagged to the court.  In making its ruling, the district court cited the decades-old class action settlement called Flores that established standards of care for migrant children in government custody.

The federal government has "more than adequate" capacity to hold these migrant children in licensed facilities, rather than alone in hotels, before sending them out of the U.S. under the administration's coronavirus-related order to expel migrants seeking protection at the U.S. border, the judges concluded."



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