This Friday, the U.S. District Court in Los Angeles will hear arguments about whether to dismantle a decades-old legal framework that protects immigrant children in federal custody.
It's the seventh attempt by the federal government to alter or terminate the framework, called the Flores Settlement Agreement. Since it was established in 1997, every administration - regardless of party - has moved to narrow its scope, weaken protections for immigrant children or eliminate the settlement altogether.
Under the agreement, children are entitled to clean water, outdoor access, basic hygiene products and emergency medical care. They are also entitled to timely release to a qualified sponsor.
But, according to Oakland lawyer Neha Desai, that's not what's been happening. Desai says even though fewer people are crossing the border, the number of children in the immigration detention system is increasing — and conditions are worsening.
"There are babies and toddlers currently in family detention facilities being denied medical care… not getting access to clean water for baby formula," Desai says.
Desai is the Managing Director of Children's Human Rights & Dignity at the National Center for Youth Law. They're based in Oakland and — alongside other legal groups — have defended Flores since the late 90s.
In its motion to end Flores, the Department of Justice claims new Health and Human Services rules incorporate "the goals of the Flores agreement" and that the settlement is no longer "equitable or in the public interest."
But, according to Flores counsel, the government has not met those obligations. Desai says conditions for detained children are the worst they've ever been.
"Even today, I am hearing disturbing information about dramatically deteriorating mental health of children in custody, to the point that children are experiencing suicidal ideation," she says.
Flores counsel is also concerned about the newest development in child immigration policy – labeling kids unaccompanied minors even when they've been living in the country with their parents for years.
"We're trying to understand why children are being classified as unaccompanied… It used to be that this term applied when a child first arrived alone. But now, we're in a different world."
If Flores protections are eliminated, the government would no longer be required to grant immigrant children any access to lawyers or family.
Desai describes tomorrow's hearing as a first step. Flores' counsel will appeal if the settlement is rescinded and they expect the federal government to do the same if Flores is upheld. Desai says, depending on how things go, the case could eventually reach the U.S. Supreme Court.
