Under the agreement, the NSIS is required to place minors in the least restrictive environment, adapted to the child`s age and specific needs, including rights, safe and sanitary facilities, toilets and sinks, drinking water and food, medical assistance, temperature control, monitoring and contact with family members. If the Trump administration succeeds in ending a decades-old court ruling on the treatment of migrant children, it will be able to indefinitely detain migrant children before they receive immigration court hearings. This 1997 decision, Flores v. Reno (now known as the Flores Convention) has given rise to a judicial oversight regime that establishes a number of strict rules regarding the detention of immigrant children and has so far regulated their treatment. According to the non-profit legal organization Human Rights First, the FSA required immigration authorities to “immediately detain children to begin with parents and other adult parents and licensed programs that accept custody of children.” If appropriate mediation is not “immediately available, the government is required to place children in the “least restrictive” attitude that corresponds to their “age and all specific needs.”  The transaction agreement also required the government to “implement standards for the care and treatment of children in pre-trial detention.  As the Obama administration also believed, this approach to balancing represents the best vision of legal requirements. The INA carefully lists pathways to legal status, including family ties with legitimate citizens and permanent residents, skilled employment that does not supplant American workers, and asylum. Allowing unlimited stays in the United States for hundreds of thousands of families who do not fall into these categories would undermine Congress` plan. Congress could review that plan through comprehensive immigration reform that would give legal status to the 11-12 million undocumented immigrants living here right now – a move I strongly support. In addition, the release of families who will cooperate on both adjudication and deportation is consistent with the legal system. However, the reluctance to support the immigrant liberation imperative introduced for immigrant families, introduced by the leading courts in 2015, reflects a strong appreciation of the manual work of Congress, even if it involves difficult decisions on a case-by-case basis.
Under the control of the U.S. District Court of the Central District of California, the Clinton administration agreed with CHRCL on establishing rules for the treatment of children in custody.