Flores v. Sessions

Jenny Flores and other individuals (plaintiffs) (collectively, Flores) who were detained at United States Immigration and Customs Enforcement (ICE) facilities filed a class action against United States Attorney General Jeffrey Sessions and assorted federal government agencies (defendants), arguing that ICE facilities at United States borders forced detainees to live in deplorable and unsanitary conditions. The parties executed a settlement agreement under which the government agreed to enforce certain standards of living at its facilities, including “safe and sanitary” environments. Flores later filed a motion to enforce the settlement agreement, claiming that the government had violated the “safe and sanitary” requirement in the agreement. In support of the motion, Flores provided evidence from many detainees, all reporting that the government failed to provide adequate access to bathrooms, drinking water, reasonable temperatures, and ventilation, among other issues. In response, the government referred the court to its policies and practices, which stated that items like drinking water would be provided, but it gave no evidence that these items were actually provided to detainees on a regular basis. In addition, one section of the settlement agreement provided for a coordinator from the Immigration and Naturalization Service (INS) to monitor compliance with the terms of the settlement agreement, but the government provided no evidence of any person holding that job. Flores asked that the court appoint an independent monitor to report on the government’s deficiencies and ensure ongoing compliance with the settlement agreement.