The "Flores Settlement" and Alien Families Apprehended at the U.S. Border: Frequently Asked Questions

Abstract

This report answers frequently asked legal questions pertaining to the Flores Settlement and the it's impact on the detention of alien families apprehended at or near the U.S. border. In particular, the report addresses (1) background of the litigation, (2) how the Settlement restricts DHS's power to keep families in detention, (3) the relationship between the Ms. L. litigation and the Settlement, (4) the executive branch's policy options under the Settlement, (5) proposed rulemaking for implementation, and (6) the extent to which either the executive branch or Congress can override or modify the terms of the Settlement

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