Trump administration loses another challenge to Flores agreement

A 9th U.S. Circuit Court of Appeals panel on Sunday rejected the Trump administration's bid to stay a Los Angeles federal judge's order denying authorities the right to hold unaccompanied minor immigrants in hotels for extended periods.

In a published opinion, the panel ruled the 1997 Flores agreement requires the government transfer minors to a licensed program within three days, not hold them at hotels pending their expulsion from the country.

The Trump administration cited a Centers for Disease Control order aimed to preventing the spread of the COVID-19 virus to support its decisions.

But in an unsigned opinion, the panel ruled the U.S. Department of Justice failed to establish it would be irreparably harmed if it complied with U.S. District Judge Dolly M. Gee's orders pending its appeal.

"Addressing the government's emergency motion for a stay, we conclude that the government is unlikely to succeed on the merits of its appeal, as we likely do not have jurisdiction over the appeal," the unsigned opinion states.

The panel consists of 9th Circuit Judges William A. Fletcher and Marsha S. Berzon, both appointees of President Bill Clinton, and Judge Milan D. Smith Jr., an appointee of President George W. Bush. Flores v. Barr, 20-55951 (9th Cir., filed Oct. 4, 2020).

-- Craig Anderson