In a policy decision that could affect families in the immigration detention system, the Trump administration announced it will aim to detain certain undocumented immigrant children longer than currently permitted.

Homeland Security Secretary Kirstjen Nielsen said, “Today, legal loopholes significantly hinder the Department’s ability to appropriately detain and promptly remove family units that have no legal basis to remain in the country. This rule addresses one of the primary pull factors for illegal immigration and allows the federal government to enforce immigration laws as passed by Congress.”

The decision is significant in that it effectively nullifies a 20 year-old court settlement known as the Flores Settlement Agreement, that established standards for the care of detained immigrant, angering immigration advocates. One goal of the policy, according to the administration, is to dissuade families from attempting to cross the border illegally.

The Flores Agreement established a requirement to release accompanied children from detention within 20 days. The Trump administration failed to take down the policy in court and instead has bypassed it using regulatory fiat.

Philip Wolgin, director of Immigration Policy at the Center for American Progress, criticized the move, saying, “There’s a reason we have Flores in the first place, and that is to protect children. Period. Given any number of recent reports on the abuses of children in immigration custody, we need these common-sense protections more than ever. … It’s hard to see how the rules wouldn’t be challenged in court as not living up to the substance or spirit of the agreement.”

The crux of the new policy is that it would require detention centers to obtain a federal license, rather than a state-based system. The latter creates restrictions on how long detainees may be held. Under the federal program, families may be detained during the entire length of their immigration court case. These cases often take years to resolve, but the administration argues that the policy would actually shorten the amount of time it would take to resolve cases. In addition, the possibility of longer detention may act as a deterrent to illegal immigration.

The policy acknowledges the possibility of a longer detention: “The proposed rule may result in extending detention of some minors, and their accompanying parent or legal guardian…beyond 20 days. ICE is unable to estimate how long detention would be extended for some categories of minors and their accompanying adults in FRCs due to this proposed rule.”

The policy change, however, is not a done deal. The Flores Settlement requires that any federal regulations put in place can “not be inconsistent with the terms” of the settlement. Thus, the original case’s plaintiffs can sue in court if they believe that is the case.

The public also has a 60-day comment period, after which the Trump administration can certify the regulations.

Ur Jaddou of the immigration advocacy group known as America’s Voice, said, “The last thing we need to do is to expose children to even longer detention under weaker conditions as the Trump administration is proposing. Medical and psychological experts all agree that detention, including family detention, is no place for children, let alone under inhumane conditions, and especially when there are viable and workable alternatives available. This proposed regulation is unacceptable and should be challenged.”