A new plan calls for the release of parents and their children after 72 hours. Researchers say children can develop symptoms of trauma after spending a lot of time in detention. Many of them were detained for months until an immigration judge heard their asylum records. But a federal judge in California ruled that the prolonged detention was a violation of a settlement order known as the Flores Agreement, which limits the length of time children are detained in government custody. The Flores scheme also provides for the NSIS to apply a directive that promotes the release of a parent, legal guardian, related adult or licensed program. After the incarceration of a minor, the INS or the licensed program must immediately and continuously undertake and record family reunification and release efforts and maintain updated records of minors kept for more than 72 hours, including biographical information and hearing data. The sheriff`s office was aware of the incident hours in advance, according to recordings and interviews. In 1997, the U.S. government entered into an agreement known as the Flores Settlement Agreement and Flores v. Reno, a 1987 California case.
The FSA`s centralized protection, as codified in two statutes – the Homeland Security Act (HSA) and the William Wilberforce Trafficking Victims Protection Reauthorization Act (TVPRA) – limits the length of UAC detention. Under current legislation, DHS UACs can only be detained for 72 hours. Subsequently, DHS sent AUCs to the Office of Refugee Resettlement (ORR), part of the Department of Health and Human Services. Under TVPRA, codified at 8 U.S.C S. 1232 (c) (2), a UAC must be “immediately placed in the least restrictive position in the best interests of the child.” In 2015, Judge Dolly Gee of the U.S. District Court for the Central District of California accepted the government`s request to give the ORR 20 days for the child position (final rule, p. 44410). By law, the government cannot keep migrant children for more than 72 hours in border institutions; it must either transfer them to a shelter or release them, and the government is generally able to stick to them.