On August 22, 2019, the Administration announced a new regulation to allow undocumented children to be detained indefinitely. This would end the Flores Settlement Agreement- a 20 year old agreement created to ensure that immigrant children are held in safe and sanitary conditions while in custody. Flores mandates that children should get released “without unnecessary delay” and includes a 20 day cap on detention. If allowed to go into effect, the new regulation would terminate the Flores settlement 60 days after its publication. Significantly, the regulation also provides that facilities that detain children would no longer need a license from state agencies with expertise in child welfare.

On August 28, 2019, USA Today reports, 19 states filed a federal lawsuit to oppose the new regulation. The suit argues that prolonged detention would cause irreparable harm to children and the communities that accept them after release from federal custody. U.S. District Court Judge Dolly Gee, who oversees the Flores settlement, would have to approve of the proposed regulation before it replaces Flores.