“Flores” Proposed Rule | CLINIC

“Flores” Proposed Rule

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The “Flores” public comment period is now closed.

This page contains resources regarding the administration’s proposed rule, “Apprehension, Processing, Care, and Custody of Alien Minors and Unaccompanied Alien Children,” which the advocacy community refers to as “Flores,” after the name of the existing court settlement that sets the standards for the treatment of children in detention.

This proposed rule would dismantle the current “Flores” standards, allowing for the indefinite detention of immigrant children and families, including asylum seekers. In addition to being morally reprehensible, this proposal rejects proven alternatives to mass detention, which are more humane and extraordinarily effective. They also are less expensive for U.S. taxpayers.

During the height of the family separation crisis, reporters and lawmakers brought to light horrifying conditions in U.S. detention centers. This proposed rule would allow the federal government to set their own standards for holding families and children and attempt to undermine independent oversight of conditions. The proposed rule also reduces vulnerable families’ access to due process and humanitarian protections.


View comments submitted during the 60-day comment period on regulations.gov:

Dept. of Homeland Security docket and comment portal

Dept. of Health and Human Services docket


CLINIC Submits Comments Opposing Proposed Regulations that Would Expand Detention of Children

CLINIC is among the thousands of organizations and individuals that submitted comments in response to the Department of Homeland Security and the Department of Health and Human Services’ Notice of Proposed Rulemaking (NPRM) entitled “Apprehension, Processing, Care, and Custody of Alien Minors and Unaccompanied Alien Children.” CLINIC opposes the NPRM which would eviscerate the protections currently in place under the Flores Settlement Agreement. As detailed in our 60-page comments, there is no justifiable reason to implement a rule change that will increase and prolong the detention of children. The only way for DHS and HHS to comply with the Flores Settlement Agreement is to rescind this NPRM.


Advocacy Tools

Step-by-Step Instructions: How to Submit a Public Comment

Review these instructions to see a visual how-to guide for submitting a public comment on regulations.gov.


Public Comment Mini-Toolkit: Fight the administration’s proposed Flores rule!

Use this toolkit to learn more about the public comment process and to organize your own public comment event! It’s easy to do and you can make a difference.


Flores Comment Tracker Webform: Tell CLINIC if you organized a public comment event!

Use this form to let CLINIC know how many comments you generated against the proposed rule, “Apprehension, Processing, Care, and Custody of Alien Minors and Unaccompanied Alien Children,” commonly referred to in the advocacy community as “Flores.”


Defend Immigrants by Taking Part in the Federal Rulemaking Process

This guide provides an overview of the federal rulemaking process and information about how you can participate. Engaging in administrative advocacy ensures that we are using all avenues to fight for immigrants and will more effectively amplify our collective voice.


Friday, September 21, 2018 - 12:00pm