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HHS/ACF RIN: 0970-AC42 Publication ID: Spring 2019 
Title: Apprehension, Processing, Care, and Custody of Alien Minors and Unaccompanied Alien Children 

This rule would amend regulations relating to the apprehension, processing, care, custody, and release of alien juveniles. In 1985, plaintiffs in a class action lawsuit, Flores v. Reno, challenged the policies of the legacy Immigration and Naturalization Service (INS) relating to the detention, processing, and release of alien juveniles.  The parties reached a settlement agreement, referred to as the Flores Settlement Agreement (FSA). The FSA, as modified in 2001, provides that it will terminate 45 days after publication of final regulations implementing the agreement. The rule would adopt in regulations provisions that parallel the relevant and substantive terms of the FSA, consistent with the HSA and TVPRA, with some modifications discussed further below to reflect intervening statutory and operational changes while still providing similar substantive protections and standards. It therefore would terminate the FSA. The rule would satisfy the basic purpose of the FSA in ensuring that all juveniles in the government’s custody are treated with dignity, respect, and special concern for their particular vulnerability as minors, while doing so in a manner that is workable in light of subsequent changes. The rule would also implement closely related provisions of the HSA and TVPRA.

Agency: Department of Health and Human Services(HHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Other 
CFR Citation: 45 CFR 410   
Legal Authority: 6 U.S.C. 279(f)(2)    8 U.S.C. 1232    22 U.S.C. 7101 (note)   
Legal Deadline:  None
Action Date FR Cite
NPRM  09/07/2018  83 FR 45486   
NPRM Comment Period End  11/06/2018 
Final Action  09/00/2019 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Toby Biswas
Senior Supervisory Policy Counsel
Department of Health and Human Services
Administration for Children and Families
330 C Street SW,
Washington, DC 20201
Phone:202 555-4440