The Biden administration is moving to partially end the 27-year-old court supervision of how the federal government cares for child migrants traveling alone. This decision comes after the administration introduced its own set of safeguards against mistreatment. The Justice Department is expected to request the termination of the Flores agreement at the U.S. Health and Human Services Department, which takes custody of unaccompanied children within 72 hours of their arrest by the Border Patrol.
The landmark Flores agreement, named after a child immigrant from El Salvador, Jenny Flores, has been a policy cornerstone ensuring the quick release of children to family members in the U.S. and setting standards at licensed shelters. The move to partially undo Flores has the potential to strain President Joe Biden's relationship with immigration advocates as he faces a surge in border crossings.
The decision to end special oversight could prevent attorneys for children from inspecting Health and Human Services shelters and interviewing children in the department's care. However, court oversight for the Department of Homeland Security would remain intact, including a 20-day limit on holding unaccompanied children and parents traveling with a child.
The Biden administration has faced criticism for its handling of the border, with border arrests exceeding 2 million in each of the last two budget years. The administration is also planning a rule to deny more asylum claims during initial screenings, signaling a potential broader border crackdown.
While the new rule by Health and Human Services establishes safeguards for child custody, concerns remain about unlicensed shelters contracted by the department. The rule aims to go beyond the Flores agreement by creating an independent ombudsman's office, setting standards at temporary overflow shelters, and improving screening protocols for releasing children to families and sponsors.
Despite the positive aspects of the new rule, some advocates argue that it does not adequately address the issues related to unlicensed shelters. The ongoing debate over the Flores agreement and court oversight highlights the complexities of caring for unaccompanied child migrants and ensuring their well-being.
