In the US it is currently against the law to imprison children who enter the US illegally. The 1997 law known as the the Flores Settlement Agreement (Flores) set national standards regarding the detention, release, and treatment of all children in immigration detention and underscores the principle of family unity.
It requires that:
Juveniles be released from custody without unnecessary delay, and in order of preference to the following: a parent, legal guardian, adult relative, individual specifically designated by the parent, a child welfare licensed program, or, alternatively when family reunification is not possible, an adult seeking custody deemed appropriate by the responsible government agency.Where they cannot be released because of significant public safety or flight risk concerns, juveniles must be held in the least restrictive setting appropriate to age and special needs, generally, in a nonsecure facility licensed by a child welfare entity and separated from unrelated adults…
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