Flores

MEMORANDUM OF DECISION AND ORDER

The sole issue before the Court is whether the policy of the Immigration & Naturalization Service (“INS”) to strip search all juvenile aliens upon their admission to INS detention facilities, and following all visits with persons other than their attorneys, is permissible under the Fourth Amendment of the United States Constitution.

Plaintiffs are a class consisting of all persons under the age of eighteen years who have been, are, or will be apprehended and detained pursuant to 8 U.S.C. § 1252 by the INS within the INS’s Western Region and who have been, are, or will be subjected to, inter alia, a strip or body cavity search upon admission to an INS detention facility, after meeting with persons other than their attorneys, or at any other time or occasion absent demonstrable adequate cause.

Defendants are the United States Attorney General, the INS, and the Western Regional Commissioner of the INS.

Both sides have filed motions for summary judgment, agreeing that there are no material facts in dispute. Under Fed.R. Civ.P. Rule 56(c), summary judgment is appropriate where, as here, the pleadings, briefs and documentary evidence before the Court…