In the 1992 case of Janet Reno, Attorney General, et al. v. Jenny Lisette Flores et al., the U.S Supreme Court ruled in favor of a policy that allowed immigration officials to detain unaccompanied minors until they could be released into the custody of close relatives or legal guardians who were capable and willing to care for them. The court held that this policy did not violate due process rights under the Fifth Amendment nor was it an abuse of discretion by Immigration and Naturalization Service (INS). This decision overturned a previous ruling by Ninth Circuit Court which had stated that such detention violated both constitutional and statutory rights unless these children were either granted personal recognizance or placed with responsible adults pending resolution of their deportation proceedings.

In the dissenting opinion for Reno v. Flores, Justice Blackmun argued that the majority's decision failed to adequately protect the rights of unaccompanied minors in immigration detention. He contended that a blanket policy requiring these children to be placed in restrictive custody unless they could identify a close relative or legal guardian who was willing and able to care for them violated their constitutional right to due process. Blackmun criticized the majority's reliance on perceived administrative convenience and cost savings as justifications for this policy, asserting instead that each child’s individual circumstances should be considered when determining appropriate placement options. Furthermore, he expressed concern about potential harm caused by prolonged detention in potentially harsh conditions without adequate oversight or regulation.