Migrant Families Would Face Indefinite Detention Under New Trump Rule

Migrant families waiting at a bus station last year after being released by immigration authorities in McAllen, Tex. The Flores agreement, a decades-old court settlement, says that the government cannot detain children for more than 20 days.CreditCreditIlana Panich-Linsman for The New York Times

The Trump administration unveiled a regulation on Wednesday that would allow it to detain indefinitely migrant families who cross the border illegally, replacing a decades-old court agreement that imposed a limit on how long the government could hold migrant children in custody and specified the level of care they must receive.

The White House has for more than a year pressed the Department of Homeland Security to replace the agreement, known as the Flores settlement, a shift that the administration says is crucial to halt immigration across the southwestern border.

The new regulation , which requires approval from a federal judge before it can go into effect and was expected to be immediately challenged in court, would establish standards for conditions in detention centers and specifically abolish a 20-day limit on detaining families in immigration jails, a cap that has prompted President Trump to repeatedly complain about the “catch and release” of families from Central America and elsewhere into the United States.

“This rule allows the federal government to enforce immigration laws as passed by Congress,” Kevin K. McAleenan, the acting secretary of homeland security, said in a statement. He called it a “critical rule” that would allow the government to detain families and maintain the “integrity of the immigration system.”