United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2018_register executive 2019-04-02 article Part II Proposed Rules D09002ee1c7e1963c D09002ee1c7e198d6 United States Department of Homeland Security originator org United States Government Agency or Subagency United States Department of Health and Human Services originator org United States Government Agency or Subagency The U.S. Department of Homeland Security (DHS) and the Department of Health and Human Services (HHS) ("the Departments") propose to amend regulations relating to the apprehension, processing, care, custody, and release of alien juveniles. In 1985, plaintiffs in a class action lawsuit, Flores v. Reno, challenged the policies of the legacy Immigration and Naturalization Service (INS) relating to the detention, processing, and release of alien juveniles. The parties reached a settlement agreement, referred to as the Flores Settlement Agreement (FSA). The FSA, as modified in 2001, provides that it will terminate forty-five days after publication of final regulations implementing the agreement. The rule would adopt in regulations provisions that parallel the relevant and substantive terms of the FSA, consistent with the HSA and TVPRA, with some modifications discussed further below to reflect intervening statutory and operational changes while still providing similar substantive protections and standards. It therefore would terminate the FSA. The rule would satisfy the basic purpose of the FSA in ensuring that all juveniles in the government's custody are treated with dignity, respect, and special concern for their particular vulnerability as minors, while doing so in a manner that is workable in light of subsequent changes. The rule would also implement closely related provisions of the HSA and TVPRA. Most prominently, the rule would create an alternative to the existing licensed program requirement for family residential centers, so that ICE may use appropriate facilities to detain family units together during their immigration proceedings, consistent with applicable law. 83 FR 45486 https://www.govinfo.gov/app/details/FR-2018-09-07/2018-19052 2018-19052 fr07se18-22 RIN 1653-AA75 RIN 0970-AC42 9111-28-P; 4184-45-P DHS Docket No. ICEB-2018-0002 https://www.govinfo.gov/app/details/FR-2018-09-07/2018-19052 https://www.govinfo.gov/content/pkg/FR-2018-09-07/html/2018-19052.htm https://www.govinfo.gov/content/pkg/FR-2018-09-07/pdf/2018-19052.pdf Child Welfare Unaccompanied Alien Children Administrative Practice and Procedure Aliens Immigration Passports and Visas Reporting and Recordkeeping Requirements Apprehension and Detention of Inadmissible and Deportable Aliens Removal of Aliens Ordered Removed 49 p. 45486 45534 83 FR 45486 Title 45 Part 410 45 CFR Part 410 Title 8 Part 212 8 CFR Part 212 Title 8 Part 236 8 CFR Part 236 RIN 1653-AA75 RIN 0970-AC42 Apprehension, Processing, Care, and Custody of Alien Minors and Unaccompanied Alien Children; Federal Register Vol. 83, Issue PRORULE 2018-19052 II DEPARTMENT OF HOMELAND SECURITY DEPARTMENT OF HEALTH AND HUMAN SERVICES 2018-11-06 DHS Docket No. ICEB-2018-0002 9111-28-P; 4184-45-P 2018-19052 Notice of proposed rulemaking.

The U.S. Department of Homeland Security (DHS) and the Department of Health and Human Services (HHS) ("the Departments") propose to amend regulations relating to the apprehension, processing, care, custody, and release of alien juveniles. In 1985, plaintiffs in a class action lawsuit, Flores v. Reno, challenged the policies of the legacy Immigration and Naturalization Service (INS) relating to the detention, processing, and release of alien juveniles. The parties reached a settlement agreement, referred to as the Flores Settlement Agreement (FSA). The FSA, as modified in 2001, provides that it will terminate forty-five days after publication of final regulations implementing the agreement. The rule would adopt in regulations provisions that parallel the relevant and substantive terms of the FSA, consistent with the HSA and TVPRA, with some modifications discussed further below to reflect intervening statutory and operational changes while still providing similar substantive protections and standards. It therefore would terminate the FSA. The rule would satisfy the basic purpose of the FSA in ensuring that all juveniles in the government's custody are treated with dignity, respect, and special concern for their particular vulnerability as minors, while doing so in a manner that is workable in light of subsequent changes. The rule would also implement closely related provisions of the HSA and TVPRA. Most prominently, the rule would create an alternative to the existing licensed program requirement for family residential centers, so that ICE may use appropriate facilities to detain family units together during their immigration proceedings, consistent with applicable law.

Written comments and related material must be submitted on or before November 6, 2018. For DHS: Debbie Seguin, Assistant Director, Office of Policy, U.S. Immigration and Enforcement, Department of Homeland Security, 500 12th Street SW, Washington, DC 20536. Telephone 202-732-6960 (not a toll- free number). Child Welfare Unaccompanied Alien Children Administrative Practice and Procedure Aliens Immigration Passports and Visas Reporting and Recordkeeping Requirements Apprehension and Detention of Inadmissible and Deportable Aliens Removal of Aliens Ordered Removed Apprehension, Processing, Care, and Custody of Alien Minors and Unaccompanied Alien Children , ICE.Regulations@ice.dhs.gov UACPolicy@acf.hhs.gov Hoovers.com https://www.acf.hhs.gov/orr/resource/children-entering-the-united-states-unaccompanied https://www.acf.hhs.gov/orr/resource/children-entering-the-united-states-unaccompanied-section-2#2.9 https://www.acf.hhs.gov/orr/resource/children-entering-the-united-states-unaccompanied-section-5#5.5 https://www.acf.hhs.gov/sites/default/files/orr/request_for_a_flores_bond_hearing_01_03_2018e.pdf https://www.cbp.gov/newsroom/stats/sw-border-migration https://www.cbp.gov/sites/default/files/assets/documents/2017-Dec/BP%20Total%20Monthly%20Family%20Units%20by%20Sector%2C%20FY13-FY17.pdf https://www.cbp.gov/sites/default/files/assets/documents/2017-Sep/CBP%20TEDS%20Policy%20Oct2015.pdf https://www.childwelfare.gov/pubPDFs/background.pdf#page=2&view=Who https://www.cms.gov/About-CMS/Agency-Information/CMSLeadership/Office_OHI.html https://www.ice.gov/detention-standards/family-residential https://www.justice.gov/eoir/file/1083096/download https://www.regulations.gov https://www.sba.gov/sites/default/files/files/Size_Standards_Table_2017.xlsx ReferenceUSA.com Vol. 83, no. 174 Office of the Federal Register, National Archives and Records Administration 2018-09-07 continuing daily deposited born digital 219 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2018-09-07 P0b002ee1a03a566b 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr07se18 https://www.govinfo.gov/app/details/FR-2018-09-07 https://www.govinfo.gov/content/pkg/FR-2018-09-07/pdf/FR-2018-09-07.pdf https://www.govinfo.gov/content/pkg/FR-2018-09-07/xml/FR-2018-09-07.xml fdlp 45325 45534 DGPO 2019-04-02 2024-06-01 FR-2018-09-07 machine generated eng FR FR-2018-09-07 83 174