After the Trump administration announced it would no longer separate families at the border, it is now attempting to bypass the 1997 Flores agreement, which dictates how long children are detained. Under the settlement, children must be released generally after 20 days in custody. Newly proposed rules could extend that timeframe in instances where children are detained with a parent or legal guardian.
Shefali Milczarek-Desai is a faculty member at the University of Arizona James E. Rogers College of Law and works with its immigration and asylum clinic. She explained how the Flores agreement originated and recent challenges from the Obama and Trump administrations.