The Flores agreement has protected migrant children for nearly 3 decades. Changes may be coming.

FILE - In this July 9, 2019, file photo, immigrants line up in the dinning hall at the U.S. government's newest holding center for migrant children in Carrizo Springs, Texas. The Biden administration plans to partially end the 27-year-old court supervision of how the federal government cares for child migrants, shortly after producing its own list of safeguards against mistreatment.

If release is not possible due to safety concerns, the agreement says minors must be held in the least restrictive environment that is appropriate. Generally speaking, children are the responsibility of Homeland Security after they're encountered crossing the border. Unaccompanied children are turned over to Health and Human Services within 72 hours and become that agency's responsibility. They often live in facilities designed specifically for children until they're released to a relative or guardian, a process that can take days, months or sometimes years.

The 1997 settlement was not intended to last indefinitely, but rather until the creation of government regulations that meet the Flores standards.The judge who oversees the Flores agreement would have to approve the government’s request. “What I hope to see is that there is a commitment to transparency, any time a child is being held in government custody, to ensure that these kids who have already suffered so much trauma and so much harm are not being further harmed at the hands of the U.S. government,” Podkul said.

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