## Facts

- Jenny Lisette Flores served as the representative plaintiff in a certified class action on behalf of minors detained by the Immigration and Naturalization Service (INS) in the Western Region of the United States.
- The defendants included Attorney General Janet Reno and other federal officials responsible for INS custody and detention practices, as well as their agents and successors.
- The suit challenged the constitutionality of INS policies and regulations governing the detention and release of unaccompanied minors and challenged conditions and treatment of minors while in INS custody.
- The litigation included extensive discovery and disputes about detention conditions, placement standards, and release decisions.
- In 1987, the parties reached an earlier agreement (often described as a memorandum of understanding) addressing conditions of confinement and standards for facilities used to hold minors; later, plaintiffs sought enforcement of that earlier agreement.
- In 1993, the United States Supreme Court upheld the challenged INS juvenile-detention regulations on their face and remanded for further proceedings.
- After remand and continued litigation (described in the settlement recitals as having been pending for nine years), the parties negotiated a comprehensive stipulated settlement intended to resolve the remaining issues in the case and to establish a uniform, national policy for minors in INS custody.
- On January 17, 1997, in the Central District of California, the parties executed a “Stipulated Settlement Agreement,” commonly referred to as the Flores Settlement Agreement, which was submitted for final district court approval and ongoing enforcement.

## Issues

1. Should the district court grant final approval to the parties’ stipulated settlement agreement resolving the certified class’s claims regarding the detention, release, and treatment of minors in INS custody?
2. May a court-approved class settlement in this posture establish enforceable, nationwide minimum requirements for the placement, care, and release processing of covered minors and remain subject to continuing judicial enforcement?

## Decision

- The parties entered into a Stipulated Settlement Agreement intended to be a full and complete resolution of the issues raised in the class action, avoiding further trial and appeals.
- The district court granted final approval of the agreement as a class settlement and retained authority to enforce its terms.
- The approved agreement set a national policy governing detention, release, and treatment of covered minors in INS custody, including a preference for prompt release and standards for care when release does not occur.
- The settlement required implementation steps, including initiation of action to publish the relevant substantive terms as an INS regulation within a specified timeframe after final approval.

## Legal Principles

- Under Federal Rule of Civil Procedure 23, a certified class action may be resolved by a court-approved settlement that is fair, reasonable, and adequate given the risks, costs, and delay of continued litigation.
- A stipulated settlement, once approved, binds the parties and their officers, agents, employees, contractors, and successors in office, and can be enforced through the district court’s continuing jurisdiction.
- The Flores Settlement Agreement sets a policy favoring release of minors from INS custody without unnecessary delay when release is possible, using an ordered list of preferred custodians (such as a parent, legal guardian, adult relative, or another approved adult custodian).
- When a minor is not released, the agreement requires placement in the least restrictive setting appropriate to the minor’s age and needs, generally in non-secure facilities that are state-licensed to provide residential care for dependent children, subject to defined exceptions.
- The agreement requires basic care and services for minors in custody, including standards addressing safety and supervision and access to medical care, education, recreation, and contact with family.
- The agreement requires operational procedures tied to arrest and intake, including expeditious processing and provision of a notice of rights, and it provides mechanisms for documentation, reporting, and monitoring to support enforcement.

## Conclusion

On January 17, 1997, in *Jenny Lisette Flores v. Reno*, the parties executed and the district court approved a stipulated class settlement (the Flores Settlement Agreement) that established enforceable national minimum requirements for the release processing, placement, and care of covered minors in INS custody, with continuing federal court authority to supervise and enforce compliance.


Jenny Lisette Flores v. Janet Reno, Attorney General of the United States, Case No. CV 85-4544-RJK(Px) (January 17, 1997)