The Justice Department has accused Southwest Key, the largest provider of shelters for migrant children in U.S. custody, of failing to protect minors from sexual abuse in its government-funded facilities. In a lawsuit filed on Wednesday, the department alleged that employees of Southwest Key have been sexually abusing and harassing unaccompanied migrant children in their care since at least 2015. The lawsuit claims that multiple employees have raped, sexually abused, sexually harassed, inappropriately touched, solicited sex acts and nude photos, and engaged in inappropriate relationships with the children under their custody.
The Justice Department stated that there have been over 100 reports of unlawful sexual abuse or harassment of children at Southwest Key facilities. Some employees have been criminally prosecuted as well. The department accused Southwest Key of failing to protect the children from being victimized and discouraging them from reporting abuse. They are seeking civil penalties, reparations for victims, and an order to stop sexual abuse in the organization’s facilities from a federal judge in Austin, Texas.
Southwest Key responded to the allegations, emphasizing their commitment to the safety, health, and well-being of the children in their care. They mentioned their partnership with the Office of Refugee Resettlement for the past two decades to ensure the children’s safety. The organization is reviewing the complaint and claims it does not provide an accurate picture of their care and commitment to the youth. The organization’s fate as a shelter provider for HHS is uncertain, pending the outcome of the litigation.
HHS Secretary Xavier Becerra stated that his agency is evaluating the assignment of children into caregiving programs to ensure their safety and well-being. He acknowledged the serious concerns raised by the Justice Department’s complaint against Southwest Key. Between fiscal years 2015 and 2023, Southwest Key received over $3 billion from HHS to house migrant children in their shelters. Advocates for migrant children have expressed concern over the abusive conditions at Southwest Key facilities and question why the government has continued to rely on the organization.
Unaccompanied migrant children who are not from Mexico are processed differently at the southern border, as a 2008 anti-trafficking law protects them from quick deportation. HHS is responsible for their care until they turn 18 or are placed with sponsors in the U.S. U.S. border officials have encountered large numbers of unaccompanied children since 2014, with spikes in arrivals recorded in subsequent years. The Biden administration has processed record numbers of unaccompanied migrant children in recent years and faced challenges finding adequate facilities for their housing. Arrivals of unaccompanied minors at the southern border have declined in the past year.