TORTS TODAY - course materials
& news for Torts, Business Torts, Product Liability, and Remedies students of George Conk at Fordham Law School
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Friday, August 30, 2019
Academy of Child Psychiatrists as Flores amicus denounces indefinite detention of child migrants.
This matter arises from the Trump Administration’s effort to abandon the
protections guaranteed children under the Flores Settlement Agreement “FSA”.
Flores v. Reno, Case No. CV 85-4544-RJK(Px) (C.D. Cal. filed Jan. 17, 1997).1
Expressing disagreement with various court decisions implementing the FSA and
ignoring the recommendations of its own DHS advisory committee (“Advisory
Committee”) that “detention or the separation of families for purposes of immigration
enforcement or management are never in the best interest of children,” 84 Fed. Reg.
at 44,503, the Administration’s Rule seeks to expand the detention of children and to
do so indefinitely.2
In other words, according to the Administration’s own experts,
its Rule is directly contrary to the best interests of children.
The primary purpose of the FSA is to protect immigrant children from harm.
Indeed, the FSA explicitly states that the Administration is required to treat “all
[children] in its custody with dignity, respect and special concern for their particular
vulnerability as [children].” FSA ¶ 11. The FSA further emphasizes that detained
children should be placed “in the least restrictive setting appropriate to the [child’s]
age and special needs . . . .” Id.
The seminal principles of dignity, respect, and least restrictive setting are also
echoed in the FSA’s mandates regarding the release of immigrant children. More
specifically, the FSA provides that an immigrant child should be released without
unreasonable delay. FSA, ¶¶ 14, 18.
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