Emergency shelter provider accused of ‘widespread’ sexual abuse of migrant children in US custody

The Justice Department this week accused the largest provider of shelters for migrant children in U.S. custody of failing to protect minors from “serious” and “widespread” sexual abuse in its government-funded facilities.

In a lawsuit filed Wednesday and announced Thursday, the Justice Department accused employees of the Texas-based organization Southwest Key of sexually abusing and molesting unaccompanied migrant children in shelters run by the nonprofit since at least 2015.

According to the indictment, several employees of the Southwest Key home raped, sexually abused, sexually harassed and inappropriately touched children in the care of the Department of Health. The department is responsible for caring for underage migrants who cross the US-Mexico border without their parents. The Justice Department also accused the Southwest Key employees of soliciting young migrants to perform sexual acts and take nude photos and of entering into inappropriate relationships with them.

The Justice Department said there were more than 100 reports of “unlawful sexual abuse or molestation” of children housed at Southwest Key. Some staff members, the department added, have been prosecuted.

“Since at least 2015, several Southwest Key employees – including both managerial and non-managerial employees – have subjected children living in Southwest Key foster homes to severe, pervasive and unwanted sexual abuse and harassment,” the Justice Department’s 26-page complaint states.

The Justice Department said Southwest Key failed to take adequate steps to protect the children in its care from sexual abuse and discouraged them from reporting sexual abuse or harassment. The department asked a federal judge in Austin, Texas, to impose civil penalties against Southwest Key and force the organization to pay restitution to victims. It also asked for an order requiring Southwest Key to take steps to stop sexual abuse at its facilities.

In a statement to CBS News, Southwest Key said its “primary focus is on the safety, health and well-being of every child and youth in our care.”

“We continue to review the complaint, but it does not accurately reflect the care and commitment our staff provide to youth and children,” Southwest Key said.

“We remain in constant contact and continue to work closely with the Office of Refugee Resettlement (ORR), as we have for two decades, to ensure that the children and youth entrusted to our care are safe with us during their brief stay in Southwest Key,” the organization added.

When asked whether HHS would no longer use Southwest Key as a lodging provider, an agency spokesperson said they could not comment due to pending litigation.

In a statement accompanying the Justice Department’s announcement, Health and Human Services Secretary Xavier Becerra said his agency would “continue to closely review the assignment of children to care programs to ensure the safety and well-being of all children” in their care.

“The Department of Justice’s complaint against Southwest Key raises serious concerns about the pattern of conduct or practice. HHS will continue to work with the Department of Justice and regulators to hold its foster care programs like Southwest Key accountable,” Becerra said.

Between fiscal years 2015 and 2023 – the period covered by the lawsuit – Southwest Key received more than $3 billion from HHS to house migrant children, the Justice Department said. Southwest Key has 29 shelters in ArizonaCalifornia and Texas with a capacity to accommodate more than 6,000 children.

Unaccompanied non-Mexico children are treated differently than other migrants by U.S. immigration officials at the southern border. A 2008 anti-trafficking law protects them from quick deportation and allows them to stay in the U.S. while their immigration claims are reviewed.

Passed in 2008 with bipartisan support, this law mandates HHS to care for unaccompanied migrant children until they turn 18 or are placed with U.S.-based sponsors, usually relatives.

U.S. border officials first encountered unaccompanied children in large numbers in 2014 and have seen several spikes in the arrival of migrant children since then. In 2021 and 2022, the Biden administration processed Record numbers of unaccompanied migrant children and sometimes struggle to find the necessary space to accommodate all of them.

Over the past year, the number of arrivals of unaccompanied minors along the southern border has declined.