Criminal Defense of Immigrants


§ 15.45 D. Detention and Bond

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The rules the DHS and other involved agencies must follow in detaining juvenile noncitizens are controlled by the Flores Settlement Agreement,[539] which was drafted following the United State Supreme Court’s decision in Reno v. Flores,[540] portions of the Homeland Security Act of 2002,[541] and implementing regulations.  See § 12.5, supra.

[539] Available at: (last visited April 17, 2007).

[540] Reno v. Flores, 507 U.S. 292 (1993) (upholding INS juvenile release and detention policies in place at the time as reasonable).

[541] Homeland Security Act of 2002, Pub. L. No. 107-296, 116 Stat. 2135 (enacted Nov. 25, 2002).




On August 26, 2007, a settlement was reached in the case of In re Hutto Family Detention Center, W.D. Tx., Austin Div., Case No. 1:07-cv-00164-SS, which challenged the treatment of juveniles in immigration detention at the Hutto facility in Texas.