President Trump has found a way to work around the 1997 Supreme Court decision in Flores v. Reno where it was established that most migrant family units can only be held in detention for 20 days.
The decision does lay out specific conditions where family units can be held indefinitely while awaiting adjudication.
According to The Daily Caller:
The Trump administration is rolling out its own licensing standards for family residential centers, a move that will work around the Flores settlement and mitigate the illegal immigration crisis.
The Department of Homeland Security introduced a new policy Wednesday regarding family residential centers (FRCs) that house immigrant family units. The rule change, the administration argues, will allow DHS to keep families together during their detention while also stemming the flow of illegal immigration along the U.S.-Mexico border.
“The Trump administration has established a new rule to respond to the realities of current immigration flows, a rule based on the principle that families should remain together during immigration proceedings,” acting Homeland Security Secretary Kevin McAleenan said during a Monday press conference.
Under the change, the administration will create a “licensing regime” for family residential centers. This will allow immigrant families living in the facilities to remain there longer than the 20-day limit currently established under the Flores settlement, a DHS official said to the Daily Caller News Foundation. By doing this, family units can remain in detention throughout the entire duration of their immigration court proceedings.
This new rule will allow states to establish their own rules that the administration would have to follow or if they chose not to ICE can establish its own rules.