MCALLEN, Texas — As allegations of sexual abuse grew at the largest housing provider for unaccompanied migrant children in the U.S., officials kept placing children in their care despite inadequate oversight, advocates say.
A lawsuit filed Thursday by the Justice Department claims employees of Southwest Key Programs Inc. sexually abused and harassed children in their care for at least eight years. During this time, the nonprofit received billions in government contracts and continued to house thousands of migrant children entering the U.S.
As of Friday, it’s unclear how many children are in Southwest Key shelters, and federal officials did not respond to questions about possible actions in response to the lawsuit. Critics argue this shows a lack of accountability in the system.
Southwest Key operates 29 child migrant shelters across Texas, Arizona, and California, with room for over 6,300 children. Despite knowing about some issues, the Office of Refugee Resettlement (ORR) continued to contract with Southwest Key, as there was no alternative place for these children. Critics fear this could result in longer stays in border patrol facilities.
The Young Center for Immigrant Children’s Rights called for immediate reunification of children with family members and access to attorneys and independent courts.
Past abuse led to the closure of some Southwest Key shelters, including two in Arizona in 2018, due to improper background checks and reports of physical and sexual abuse.
State oversight, now lacking in Texas and Florida, is crucial for reporting and investigating child abuse. The Health and Human Services Department’s Office of Refugee Resettlement lacks a similar system.
Some experts questioned why the complaint was filed as a civil lawsuit rather than a criminal one. The civil lawsuit seeks monetary damages for the victims.
The Justice Department’s lawsuit comes shortly after a federal judge lifted special court oversight of the Health and Human Services Department’s care of unaccompanied migrant children, known as the Flores agreement. This oversight allowed attorneys to visit facilities, interview staff and migrants, and register complaints.
Advocates believe the new federal safeguards are insufficient, leading to a lack of oversight. Reports of alleged abuse and neglect to Texas authorities often went uninvestigated after Texas revoked its licensing in 2021.
The Health and Human Services Department began reviewing abuse allegations at Texas facilities in March 2022 and will start its own investigations if state authorities fail to do so.