2017) is available from: This page was last edited on 5 October 2020, at 16:06. [34] In 2005 the Bush administration launched Operation Streamline, which referred all illegal immigrants for prosecution, but exempted those traveling with children. [Notes 4][21] According to Judge Gee's ruling in Flores v. Sessions, the Ninth Circuit affirmed the district court's grant of plaintiffs' motion to enforce [Paragraph 24A of] the Flores Agreement, holding that nothing in the text, structure, or purpose of the Homeland Security Act (HSA) or Victims of Trafficking and Violence Protection Act of 2000 (TVPRA) renders continued compliance with Paragraph 24A, as it applies to unaccompanied minors, "impermissible. Flores-Montano ("Flores") was driving a 1987 Ford Taurus station wagon as he attempted to enter the United States through the port of entry at Otay Mesa, California. United States District Court for the Southern District of California, List of United States Supreme Court cases, volume 541, List of United States Supreme Court cases, Amicus brief, Washington Legal Foundation, Skinner v. Railway Labor Executives Ass'n, Hiibel v. Sixth Judicial District Court of Nevada, Michigan Department of State Police v. Sitz, National Treasury Employees Union v. Von Raab, Safford Unified School District v. Redding, https://en.wikipedia.org/w/index.php?title=United_States_v._Flores-Montano&oldid=895903906, United States Supreme Court cases of the Rehnquist Court, Creative Commons Attribution-ShareAlike License, This page was last edited on 7 May 2019, at 06:19. [52][53] Judge Gee said that the defendants' "blanket no-release policy with respect to minors accompanied by their mothers is a material breach of the Agreement. [34]:8[3]:10 or sent to a state-licensed facility. [6], In 1985, Jenny Lisette Flores, an unaccompanied 15-year-old girl from El Salvador, was apprehended by the Immigration and Naturalization Service (INS) after illegally attempting to cross the Mexico–United States border. [4] In his June 20, 2018 executive order, President Trump had directed then-Attorney General Jeff Sessions to ask the District Court for the Central District of California, to "modify" the Flores agreement to "allow the government to detain alien families together" for longer periods, which would include the time it took for the family’s immigration proceedings and potential "criminal proceedings for unlawful entry into the United States". "[22], On March 23, 1993, the Supreme Court announced judgment in favor of the government, in Janet Reno, Attorney General, et al. [4]:2 On July 9, Judge Gee of the Federal District of California, ruled that there was no basis to amend the 1997 Flores Settlement Agreement (FSA) that "requires children to be released to licensed care programs within 20 days. Cal.) Among other things, the federal government agreed to keep children in the least restrictive setting possible and to ensure the prompt release of children from immigration detention. INS regulation—which provides that alien juveniles detained on suspicion of being deportable may be released only to a parent, legal guardian, or other related adult—accords with both the Due Process Clause and the Immigration and Nationality Act. In addition, instances of persons smuggled in and around gas tank compartments are discovered at the ports of entry of San Ysidro and Otay Mesa about once ever 10 days. Cal District Judge Kelleher in Flores v. Meese, No. [32], According to the legal nonprofit Human Rights First, the FSA required that immigration authorities "release children from immigration detention without unnecessary delay in order of preference beginning with parents and including other adult relatives as well as licensed programs willing to accept custody".
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