The Departments of Homeland Security (DHS) and Health and Human Services announced a final rule, effective October 22, 2019, to terminate the Flores settlement agreement and “ensure the humane detention of families.”

Many advocates and others have expressed concern. Among other things, in addition to concerns about potentially lengthy detentions of noncriminal immigrants, including children, commenters said DHS should not be allowed to self-license detention facilities because current facilities do not have adequate oversight and, as a result, DHS is not currently capable of maintaining clean, humane, and safe detention centers. Legal advocates have filed a notice to challenge the rule in court.

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