On Friday August 30, twenty state Attorneys General filed a lawsuit against the new DHS Rule purporting to replace the Flores Settlement Agreement, which sets standards for the detention and release of migrant children. The new Rule enables the indefinite detention of migrant children in facilities licensed not by the State where the facility is located, but by ICE. These and other provisions form the basis for the AGs’ arguments that the Rule violates the Administrative Procedure Act and the rights of the States to license child welfare facilities in their jurisdictions, among other points.
Read the motion for a preliminary injunction to halt or delay the enforcement of the Rule here.