How to Obtain Administrative Lucas Hearings

This training is on the procedural protections available to children in ORR custody as a result of the Lucas R. v. Azar class action litigation. Lucas R. was litigated by Carlos Holguin, CHRCL’s Legal Director, alongside co-counsel, the National Center for Youth Law, the UC Davis School of Law Civil Rights Clinic, and Cooley LLP.

After six years of litigation, the U.S. District Court for the Central District of California granted final approval in 2024 for three settlements which resolved the claims of three of the classes of children involved in the litigation. For the remaining two classes of children -- those placed in restrictive facilities and those denied release to custodial sponsors -- the Court had issued a preliminary injunction requiring hearings to challenge erroneous placements or denials of release to a sponsor, which HHS subsequently enshrined in regulation. The Court also granted a declaratory judgment regarding these two classes. These protections have the potential to fundamentally improve the situation of children in ORR custody if they are rigorously enforced.

Led by Lucas R. Class Counsel Carlos Holguin, and CHRCL Senior Litigator Bardis Vakili, this training summarizes the Lucas R. protections and provides legal practitioners with the tools to request and utilize administrative hearings (1) to contest a child in ORR custody being "stepped-up" to a restrictive placement and (2) to challenge denials of custodial sponsor applications. More broadly, practitioners will gain a clearer understanding of what procedural protections are now available to children in ORR and how to effectively advocate for their clients under these new legal frameworks.

Training Presentation Date: March 11, 2025

Presentations are also available to download below in English.

Final How to Obtain Administrative Lucas Hearings.pdf

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