Biden seeks partial end to court oversight

SAN DIEGO — The Biden administration will seek to partially end the 27-year-old court supervision of how the federal government cares for child migrants traveling alone, shortly after producing its own list of safeguards against mistreatment, an attorney involved in the case says.

The Justice Department has told opposing attorneys it will ask a federal judge Friday to terminate the so-called Flores agreement at the U.S. Health and Human Services Department, which takes custody of unaccompanied children within 72 hours of arrest by the Border Patrol, according to Leecia Welch, deputy litigation director at Children’s Rights, which represents children in the case.

The landmark settlement — named for a child immigrant from El Salvador, Jenny Flores — would remain in effect at the Border Patrol and its parent agency, the Department of Homeland Security, creating what Welch called a “piecemeal” dismantling. Attorneys for unaccompanied children will oppose the move, which would be subject to approval by U.S. District Judge Dolly Gee in Los Angeles.

Flores is a policy cornerstone, forcing children to be quickly released to family in the U.S. and setting standards at licensed shelters, including for food, drinking water, adult supervision, emergency medical services, toilets, sinks, temperature control and ventilation. It grew out of widespread allegations of mistreatment in the 1980s.

The move has the potential to strain President Joe Biden’s already rocky relationship with immigration advocates as the Democratic leader confronts an unprecedented surge in border crossings in an election year. Border arrests have topped 2 million in each of the last two budget years, including nearly 300,000 unaccompanied children.

Biden has tacked toward heavier enforcement as Republicans attack his handling of the border. His administration plans another rule aimed at denying more asylum claims during initial screenings, a potential prelude to actions for a broader border crackdown.

The bid to partially undo Flores would come less than three weeks after Health and Human Services published a rule establishing safeguards for child custody. Secretary Xavier Becerra said the rule, effective July 1, will set “clear standards for the care and treatment of unaccompanied [migrant] children.”