Protecting Children in Immigration Custody: New Mexico Files Amicus Brief Opposing Attempt to Prolong the Detention of Children

Santa Fe, NM – Attorney General Raúl Torrez has joined a multistate coalition of 20 attorneys general in filing an amicus brief urging the Ninth Circuit Court of Appeals to block the Trump Administration’s attempt to terminate the Flores Settlement Agreement. The agreement provides critical protections for children in immigration custody, including limits on detention and requirements that facilities be state-licensed and subject to state oversight.

“For decades, the Flores Settlement has served as a critical protection for children,” said Attorney General Raúl Torrez. “It sets limits on detention and requires appropriate oversight of facilities. Eliminating these standards would undermine the basic protections children rely on. These standards exist to protect children during some of the most vulnerable moments of their lives and eliminating them would undermine the basic safeguards they rely on. I am urging the court to preserve these longstanding protections.”

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For almost 30 years, the Flores Settlement Agreement has ensured the safety and wellbeing of children in immigration custody through the enforcement of state child welfare laws. This includes standards for education, recreation and overall care. Maintaining this arrangement for immigrant youth is crucial to ensure that states can protect the rights and wellbeing of all children in their care, regardless of immigration status.

In the brief, Attorney General Torrez and the coalition argue that the Trump Administration’s attempt to terminate the Flores Settlement Agreement interferes with states’ traditional and sovereign role to help ensure the health, safety and welfare of children by undermining state licensing requirements for facilities where children are held.

The Trump Administration’s termination of the agreement would result in:

• Vast expansion of family detention centers, which are not state licensed facilities and have historically caused increased trauma in children;
• Prolonging the time children spend in immigration detention, causing:
  • Significant long-term harm to their physical, mental and emotional health;
  • Disruption of their development and educational needs.

Additionally, termination of the agreement would increase burdens to the states that provide services to support the children.

In filing the amicus brief, Attorney General Torrez joins the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawai‘i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Vermont, and Washington.