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A migrant family jumps the wall to reach the U.S. Photo: David Peinado/NurPhoto via Getty Images

The Trump administration announced a new rule on Wednesday that would allow migrant families who crossed the border illegally to be kept in detention centers long-term.

Why it matters: A decades-old court decision — the Flores agreement — has prevented the government from holding minors in detention for longer than 20 days. The new regulation would replace that and give the federal government more power in determining how to care for migrant minors and families in its custody. The rule was first proposed following the family separation crisis last year, and is certain to face legal challenges.

  • Any court case would end up before California federal Judge Dolly Gee — the same judge who oversaw the Flores case and refused to grant Trump's earlier request to change the decision to allow families to be detained together long-term.

The big picture: The new rule would also allow DHS to license and inspect its own facilities and authorize the department to set the standard of care required for migrant children, America's Voice DHS Watch director Ur Jaddou told Axios.

Context: A 2001 Supreme Court ruling already ensures that no migrants are detained longer than 180 days except for special circumstances. This would still apply for migrant families.

The Flores agreement was a 1997 court settlement that dictates how the federal government must care for migrant minors in its custody.

  • The 20-day detention limit originally only applied to migrant kids who crossed the border illegally without their parents.
  • But in 2015, Judge Gee ruled that the 20-day limit also applied to minors who are with their parents.

Between the lines: Long court backlogs make it next to impossible for a family immigration case to be completed within 20 days, forcing the government to release migrant families until their court dates — or separate kids from their parents, which the Trump administration did last year.

Go deeper

52 mins ago - Technology

Scoop: More boycotts coming for Facebook

Illustration: Sarah Grillo/Axios

Leaders of the Stop Hate For Profit social media boycott group are discussing whether to organize another campaign against Facebook in light of an explosive investigative series from The Wall Street Journal, Common Sense CEO Jim Steyer tells Axios.

The intrigue: Sources tell Axios that another group, separate from the Stop Hate For Profit organization, is expected to launch its own ad boycott campaign this week.

Democrats' dwindling 2022 map

Illustration: Sarah Grillo/Axios

Democrats are trying to unseat only about half as many Republican House members next year as they did in 2020, trimming their target list from 39 to 21.

Why it matters: The narrowing map — which reflects where Democrats see their best chance of flipping seats — is the latest datapoint showing the challenging political landscape the party faces in the crucial 2022 midterms.

Felix Salmon, author of Capital
1 hour ago - Economy & Business

Evergrande's reassuring default

Illustration: Annelise Capossela/Axios

It's not a Lehman moment but it's still a very big deal. Chinese construction giant Evergrande looks set to default on its $300 billion of liabilities, in a move that has already had global market repercussions.

Why it matters: Evergrande is the first big test of the global financial system — and especially the Chinese financial system — since the pandemic-induced chaos of March 2020, when central banks around the world were forced to take unprecedented measures to prevent total collapse. So far, world markets seem to be coping just fine.