Flores Settlement Agreement

In 1997, a federal court released a decision in the case of Flores v. Reno that required children be reunited with their family members without delay, protecting them from being indefinitely held in detention.  Currently, under the court issued Flores Settlement, children cannot be held in detention for longer than 20 days.  The decision also outlined specific guidelines for children in government custody ensuring that they were held in the “least restrictive conditions” possible and provided due process.  These protections  are under threat from the Trump administration.

This administration is using the federal regulation process to propose new standards for children in detention.  These standards, as outlined by the government could lead to children being jailed indefinitely and under dangerous and inhumane conditions.  Additionally, the rule proposed to make it more difficult for children to be reunited with their parents or relatives. 

Children belong with their families, not in jails and the government should not be working to tear down protections that have been in place for decades.  Help us reject these changes and submit a comment against the rule.

Keep Kids Out of Jail: Oppose Trump’s Attempts to Change the Flores Settlement Agreement

Who can submit a public comment?

Anyone concerned about changes to the rules currently in place that prohibit the government from detaining children indefinitely and infringing on their right to family reunification and due process.  Comments can be submitted from individuals, organizations, elected officials, allies and other concerned parties.

Why are public comments important?

The Trump Administration need to hear loud and clear that our communities reject the administration’s attempt to jail children indefinitely and weaken protections that have been in place for decades thanks to a court agreement in the case of Flores v. Reno.

What is included in a public comment?

The goal of public comment is to share your perspective on the issue at hand.  In this case, you are sharing opposition to the administration’s proposed rule that would change the current protections for children in detention making it easier for the government to jail children indefinitely and more difficult to reunite with a family member.

Submitting a comment

There are two ways to submit public comment. We suggest that comments be submitted in English. Unfortunately, regulations.gov has little capacity to translate large quantities of comments and there is a higher possibility that the comment will be considered if it is in English.

Personalizing your comment

Please take a moment to add a personal note along with your comment.  Adding a sentence about why you are opposed to these changes or perhaps your own experience with this system are incredibly powerful and valuable.


Comments must be received by the Department BEFORE 11:59 pm on November 6th


Flores Agreement: Trump’s executive order to end family separation might run afoul of a 1997 court ruling

The History of the Flores Settlement And It’s Effects on Immigration

DHS/ HHS Notice of Public Rulemaking Re the Flores Settlement: Top-lines and Section by Section Analysis