Federal judge to consider a partial end to special court oversight of child migrants

LOS ANGELES (AP) — For 27 years, federal courts have held special oversight over custody conditions for child migrants. The Biden administration wants a judge to partially lift those powers.

U.S. District Judge Dolly Gee will consider the request at a hearing in Los Angeles on Friday, barely a week before new safeguards take effect that the administration says meet, and in some ways exceed, standards set forth in a landmark settlement named for Jenny Flores, a child immigrant from El Salvador.

The administration wants to terminate the Flores agreement at the U.S. Health and Human Services Department, which takes custody of unaccompanied children within 72 hours of arrest by the Border Patrol. It would remain in effect at the Border Patrol and its parent agency, the Department of Homeland Security.

Flores is a policy cornerstone, forcing the U.S. to quickly release children in custody to family in the country and setting standards at licensed shelters, including for food, drinking water, adult supervision, emergency medical services, toilets, sinks, temperature control and ventilation. It grew out of widespread allegations of mistreatment in the 1980s.

Court oversight gives advocates representing child migrants broad authority to visit custody facilities and conduct interviews with staff and other migrants. They may register complaints with Gee, who can order changes.

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