Flores v. Ridge

No. CV85-4544-RJK(Px) (C.D. Cal. filed, Jan. 15, 2004) ; Clearinghouse Number: 39665

Description

Detained Immigrant Juveniles Move Against Department of Homeland Security for Enforcement of 1997 Class Action Settlement Agreement

Abstract

Plaintiffs are asking the district court to enforce a 1997 settlement agreement in this class action challenging defendants’ treatment of detained immigrant minors. Plaintiff immigrant minors arrested and detained pending the outcome of removal proceedings sued in 1985; they contended that predecessor defendant Immigration and Naturalization Service (INS) unlawfully refused to release them on bond or recognizance to responsible adults other than parents or legal guardians and subjected them to unconstitutional conditions of confinement. Numerous twists and turns at all levels of the federal courts followed a 1987 settlement, and the parties entered into a new settlement in 1997. Plaintiffs characterize the basic thrust of that agreement as (1) generally requiring their prompt release to parents and designated family members or, if necessary, shelters and unrelated custodians, (2) requiring placement of other class members in the least restrictive setting, and (3), regardless of placement, guaranteeing plaintiffs’ “basic educational, health, social, and other benefits and rights.” They contend that defendants have materially breached that settlement. Plaintiffs say that defendants violate the policy favoring release and still refuse to release plaintiffs to caregivers, including relatives, other than parents; fail to place detained class members in the least restrictive environment; fail to provide them with required treatment and services; and expose them to dangerous and unhealthy conditions. Plaintiffs argue that Congress recognized INS’ “chronic mishandling” of minors in its custody when, as part of the Homeland Security Act, Congress transferred most INS functions to the Department of Homeland Security but gave primary responsibility for the release and care of unaccompanied minors to the Office of Refugee Resettlement of the U.S. Department of Health and Human Services, neither of which, plaintiffs say, has honored the 1997 settlement.

Additional Information

Attorney Information
Plaintiffs represented by Carlos Holguín, Peter A. Schey, Angela Perry, Center For Human Rights & Constitutional Law, 256 S. Occidental Blvd., Los Angeles, CA 90057 (213.388.8693); Steven Schulman, Latham & Watkins, 555 Eleventh St., NW, Ste. 1000, Washington, DC 20004 (202.637.2184); Katina Ancar, National Center For Youth Law, 405 14th St., Ste. 1500, Oakland, CA 94612 (510.835.8098); Alice Bussiere, Youth Law Center, 417 Montgomery St., Ste. 900, San Francisco, CA 94104 (415.543.3379)
Docket Date
2004-01-15 00:00:00+00:00

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