A new rule would allow the Trump administration to detain migrant children indefinitely


The Trump administration is seeking to override a rule that prevents immigrant children from being detained for more than 20 days, NBC News reported Thursday.
The Department of Homeland Security said it had created a new rule that will allow immigrant children to be detained with their parents indefinitely, and that the rule will go into effect in 60 days. The new rule will circumvent the 1997 Flores settlement, which determined that immigrant children seeking asylum in the U.S. could not be held for more than 20 days at a time, often leading to children being released with their parents at that time.
Officials tried to avoid those releases earlier this year by separating migrant children from their parents upon arrival in the U.S., but the administration ended that practice after significant backlash, though several hundred children remain separated. Now, a DHS official told NBC News that the new rule is a legal workaround because children will be held in Immigration and Customs Enforcement facilities that are evaluated by third parties.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
In an announcement, administration officials said the evaluations will ensure that the facilities "satisfy the basic purpose" of the Flores settlement and keep children safe, while still closing "legal loopholes" that "significantly hinder" the government's ability to "promptly remove family units that have no legal basis to remain in the country."
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Summer Meza has worked at The Week since 2018, serving as a staff writer, a news writer and currently the deputy editor. As a proud news generalist, she edits everything from political punditry and science news to personal finance advice and film reviews. Summer has previously written for Newsweek and the Seattle Post-Intelligencer, covering national politics, transportation and the cannabis industry.
-
Cytomegalovirus can cause permanent birth defects
The Explainer The virus can show no symptoms in adults
-
Summer in Seattle: Outdoor dining like nowhere else
Feature Featuring a patio with a waterfront view, a beer garden, and more
-
Ari Aster revisits the pandemic, Adam Sandler tees off again and Lamb Chop gets an origin story in July movies
the week recommends The month's film releases include 'Eddington,' 'Happy Gilmore 2' and 'Shari & Lamb Chop'
-
AI scammer fakes Rubio messages to top officials
Speed Read The unknown individual mimicked Rubio in voice and text messages sent to multiple government officials
-
SCOTUS greenlights Trump's federal firings
speed read The Trump administration can conduct mass federal firings without Congress' permission, the Supreme Court ruled
-
New tariffs set on 14 trading partners
Speed Read A new slate of tariffs will begin August 1 on imports from Japan, South Korea, Thailand and more
-
Elon Musk launching 'America Party'
Speed Read The tech mogul promised to form a new political party if Trump's megabill passed Congress
-
Judge blocks Trump's asylum ban at US border
Speed Read The president violated federal law by shutting down the US-Mexico border to asylum seekers, said the ruling
-
Thai court suspends prime minister over leaked call
Speed Read Prime Minister Paetongtarn Shinawatra has been suspended, pending an ethics investigation
-
Senate passes GOP megabill after Alaska side deal
The pivotal yes vote came from Sen. Lisa Murkowski, whose support was secured following negotiated side deals for her home state Alaska
-
Trump sues LA over immigration policies
Speed Read He is suing over the city's sanctuary law, claiming it prevents local law enforcement from cooperating with federal immigration authorities