Judge Dolly Gee of the Federal District Court in Los Angeles, who oversees the 1997 court settlement known as the Flores agreement, concluded that the administration’s attempt to frame regulations that would carry out the mandate to protect migrant children — but allow them to be detained for long periods — was not adequate.
Under the consent decree, the government must seek to expeditiously release children from detention, a requirement that has been interpreted to mean that they must not be held longer than about 20 days.
“The Flores Settlement Agreement remains in effect and has not been terminated,” Judge Gee, an appointee of President Barack Obama, wrote in a two-page order.
She said the new regulations “fail to implement and are inconsistent with” the terms of the agreement, which the government must now continue to comply with.
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