Fwd: Recruiting Special Master/Independent Monitor re Immigrant Children in Detention

[Tim Schwartz]

FYI all- 

Dear Advocates, As many of you know, the 1997 Flores Settlement sets the national standards for the treatment and prompt release of detained minors in the custody of Federal immigration authorities. In a Federal court hearing for the nationwide class action case Flores v. Sessions held last Friday in Los Angeles, U.S. District Judge Dolly Gee ruled that she will now appoint a Special Master/Independent Monitor to observe, examine and monitor compliance with the FloresSettlement at: US Immigration and Customs Enforcement (ICE) family detention sites in Berks, PA, Karnes, TX, and Dilley, TX; and  US Customs and Border Protection (CBP) at it's 9 border patrol facilities in the Rio Grande Valley Sector, where the majority of minors are first apprehended. A copy of the Minute Order is available through this link. Other than the general responsibilities mentioned above, the Court has not yet appointed a Special Master or described her or his duties. As Class Counsel, we have been ordered to recommend two candidates to serve as Special Master by August 10, 2018. The Government has also been ordered to recommend two candidates. The parties have been ordered to meet and confer to explore whether they can agree on one or two candidates by August 10, 2018. Duties of the Special Monitor While the specific duties of the Special Monitor have not yet been set by the Court, we believe the Special Master will monitor ICE and CBP's efforts at achieving compliance with the Flores Settlement as outlined in the Court's June 2017 Order (available at this link), which generally deals with conditions at Border Patrol stations as well as efforts by ICE aimed at the release of minors under ¶¶14 and 18 of the Flores Settlement (available at this link). We also know it is important that the Special Master have immigration law experience and be Spanish-speaking. In a previous proposed order submitted to the Court (available through this link) Plaintiffs proposed a Special Monitor to perform the following functions: The Special Monitor should be appointed for twenty-four months to oversee compliance with the Settlement and this Court’s several Orders. The Special Master should have broad discretion regarding how to exercise her authority. Her authority should be subject to oversight by the Court.  The Special Monitor should have the authority to gather information and documentation from all parties in furtherance of her monitoring function.  The Monitor should have the authority to receive from class members or their detained mothers or representatives communications regarding alleged violations of the Agreement and this Court’s Orders and to investigate those claims, obtain Defendants’ and class counsels’ views, and recommend remedial action. The Special Monitor will advise all parties and the Court if her recommended remedial steps are not implemented.  The Special Monitor should have the authority to mediate Plaintiffs’ claims of non-compliance to reduce entanglement of the Court in future motions to enforce the Agreement. The Special Monitor should not have the authority to issue orders or impose any sanctions, but may recommend to the Court various orders, including any contempt sanction.  The Special Monitor’s fees, costs and expenses, including with respect to the assistance of other experts or specialists, should be paid by Defendants. While Plaintiffs only proposed the appointment of a Special Monitor, the Court wishes to appoint a Special Master/Independent Monitor. Special Masters generally possess broader powers than Monitors. We may, therefore, propose to the Court responsibilities for a Special Master that go beyond the duties of a Monitor than we previously proposed and described above. Time Commitment of the Special Monitor We do not know how much time it would take to do this job but we believe it will be a part time position. That is up to the Court to decide. How to Apply To be considered for this position, we will need to receive applications and nominations via email to psc...@centerforhumanrights.org on or before 5 PM PST/8 PM EST, Monday, August 6, 2018. The email should have the subject line "2018 FLORES SPECIAL MASTER" followed by the applicant's name. Include a resume. In the body of your email, copy and paste 1-9 below and insert your answers as applicable. If you do not have experience in a particular area, please insert "N/A." Languages spoken: Year first admitted to practice law (if applicable): Briefly describe any experience with apprehended immigrant minors in or formerly in ICE custody (if any): Briefly describe any experience with apprehended immigrant minors in or formerly in ORR custody (if any): Briefly describe any experience with expedited removal, custody/bond redetermination matters, Special Immigrant Juvenile Status, or any other immigration law areas (if any): Briefly describe any experience with child welfare standards, group home licensing, or other areas involving child welfare standards (if any): Briefly describe any experience with rules, standards, or policies dealing with the detention of minors (if any): In addition to the duties of a monitor we previously recommended to the Court (see details above), describe additional responsibilities you would recommend a Special Master, appointed to accomplish compliance with the Flores Settlement and the Court's June 2017 Order, should possess (if additional responsibility you recommend has previously been part of the appointment of a Special Master in a case, it would be helpful if you identified the case, and if you possess it, to attach a copy of the court order describing the Special Master's responsibilities): Any other experience you wish to be considered (if any): Please email nominations to me at the email address below by no later than 5 PM PST/8 PM EST, Monday, August 6, 2018.  psc...@centerforhumanrights.org Thank you. Peter Schey President and Executive Director Center for Human Rights and Constitutional Law * * * ‌

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