Flores Agreement Loophole
On May 26, 2018, Trump tweeted: “Put pressure on the Democrats to end the horrible law that separates children from there [sic] parents once they cross the border into the U.S.  On May 29, 2018, Stephen Miller, senior White House policy adviser, told reporters: “A nation cannot have the principle that there will be no civil or criminal taxation of immigration for someone who travels with a child. The current immigration and border crisis and all related concerns are the exclusive product of loopholes that Democrats do not want to close, such as the Flores Settlement Agreement and the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008.  As part of the settlement agreement, immigration officers agreed to release minors “without unnecessary delay” where detention is not necessary to protect the safety and well-being of the minor or to ensure that the minor appears in a timely immigration proceeding, i.e. when officials release the minor to a parent or legal guardian who agrees to appear and does not pose a flight.  “We have seen that immigration detention centres have very harsh and terrible conditions,” said Andrea Senteno, regional advisor to the Mexican American Legal Defense and Educational Fund. “This administration cannot be trusted to ensure that these facilities meet the requirements of the Flores habitat contract to house children in safe and hygienic conditions.” Trump and his officials targeted the Flores agreement after their widely condemned “zero tolerance” policy did not deter crossing the border last year. The policy has separated more than 2,700 children from their parents to sue adults in criminal courts for illegally crossing the border. The children were sent to emergency shelters approved by the Federal Government. In June 2019 Three judges of the Ninth Court of Appeal heard the case, 17-56297 Jenny Flores v. William Barr, in which Sarah Fabian, the chief counsel for the Department of Immigration Litigation, asked the court to overturn Judge Gee`s 2017 order “requiring the government to provide inmates with hygiene items such as soapbrushes and toothbrushes to meet the “hygiene conditions” set out in Flores Settlement.
In the June 20, 2019, proceeding, Judge William Fletcher said it was “inconceivable” that the U.S. government would consider it “safe and sanitary” to detain migrant children in conditions where it was “cold all night, lit all night, sleeping on concrete and you had an aluminum blanket?”   Fabian stated that the Flores agreement, which imposes “safe and hygienic” conditions for the children of detained migrants, is “vague,” allowing federal authorities to determine “health protocols”.  It was not mandatory for the government to provide appropriate toothbrushes, soap or sheets for minors in their custody.  Videos of the hearing were posted on social media. One of the judges, Justice A. Wallace Tashima, was held in an internment camp as a child. According to the Los Angeles Times, “the case sparked national outrage” when the videos of the hearing went viral.  The Supreme Court held that the provisions of the Immigration and Naturalization Service regarding the release of unaccompanied minors were not contrary to the due process clause of the U.S. Constitution.  The Court stated that “young foreigners who are incarcerated on suspicion of execution may only be released by one parent, legal guardian or other related adult.” The legacy for which Reno v. Flores was announced that it was a 1997 judicially controlled transaction treaty that binds the defendants (federal authorities)  – the Flores v Reno transaction agreement or the Flores Settlement Agreement (FSA), to which both parties belonged in the Reno/Conflict Agreement.
Flores voted for the District Court for Central California (C.D.