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The Trump administration announced new regulations on Wednesday that will allow migrant families — including children — to be detained indefinitely until their court cases are settled.
Kevin McAleenan, the acting secretary of the Department of Homeland Security, said the regulation will go into effect 60 days after being published in the federal register on Friday. But the night before the rule was announced, Homeland Security officials told some reporters that the administration expects the rule to be challenged in court, which could stop it from going into effect.
McAleenan said the new rule will allow Immigration and Customs Enforcement to indefinitely detain families in “campus-like” facilities, and added that doing so is an attempt to reduce the amount of migrant families claiming asylum at the U.S.-Mexico border.
The new rule guts the Flores Settlement Agreement, a 1987 court order outlining standards of care for migrant children in federal custody.
In 2015, the federal judge overseeing the settlement ruled that children can be detained for a maximum of 20 days before being released, a decision the Trump administration has repeatedly characterized as a loophole that incentivizes migrant families to game the asylum system.
Cover: Children are seen at the Homestead shelter for migrant children in Homestead, Fla., on June 23, 2018. (Al Diaz/Miami Herald/TNS via Getty Images)
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