Reno v. Flores

In Reno v. Flores, 507 U.S. 292 (1993) a class of minors challenged an INS regulation that requires juvenile aliens to be placed in institutional group care facilities during the pendency of deportation proceedings if a guardian or adult relative is not available to take custody. The Court recognized that strict scrutiny applies "when fundamental rights are involved," see id. at 302, 305, but it rejected the minors' due process claim because it found that no fundamental right existed under the circumstances of the case. See id. at 305 (stating that "the child's fundamental rights must not be impaired" by INS).