Resource: Flores v. Reno

The 1997 settlement agreement in Flores v. Reno set national standards for the treatment and placement of minors in what was then Immigration and Naturalization Service (INS) custody. INS obligations under the agreement are now the responsibility of the Department of Homeland Security (DHS) and the Department of Health and Human Services’ Office of Refugee Resettlement (ORR). The agreement establishes minimum standards for initial detention and a policy favoring release of minors. It also requires that children who remain in federal custody be placed in the least restrictive environment and mandates provision of information, treatment and services.