Criminal Defense of Immigrants

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: http://centerforhumanrights.org/children/Document.2004-06-18.8124043749/view?searchterm=flores%20settlement (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).