Federal Agencies, FR Regulations & Notices

DHS and HHS Final Rule Amending the Regulations Relating to Custody of Minors

Joint DHS and Department of Health and Human Services (HHS) final rule amending the regulations relating to the apprehension, processing, care, custody, and release of noncitizen minors. The promulgation of this rule is intended to terminate the Flores Settlement Agreement. The rule is effective 10/22/19. (84 FR 44392, 8/23/19)


8 CFR Parts 212 and 236


45 CFR Part 410

RIN 1653–AA75, 0970–AC42

Apprehension, Processing, Care, and Custody of Alien Minors and Unaccompanied Alien Children

AGENCY: U.S. Immigration and Customs Enforcement (ICE), U.S. Department of Homeland Security (DHS); U.S. Customs and Border Protection (CBP), DHS; Office of Refugee Resettlement (ORR), Administration for Children and Families (ACF), U.S. Department of Health and Human Services (HHS).

ACTION: Final rule.

Note: On September 27, 2019, U.S. District Court Judge Dolly M. Gee issued a permanent injunction in the ongoing Flores litigation, blocking the government from implementing new regulations that would expand its ability to detain migrant children with their parents for indefinite periods of time. The Justice Department had urged the judge to allow the Trump administration to withdraw from the Flores Settlement Agreement. (Flores v. Barr, 9/27/19)

Cite as AILA Doc. No. 19082200.