The Justice Department this week accused the largest organisation providing shelters for migrant children in US custody of failing to protect minors from “severe” and “pervasive” sexual abuse at its state-funded facilities, CBS News reports.
In a lawsuit filed Wednesday and announced Thursday, the Justice Department accused employees of Texas-based Southwest Key of sexually abusing and harassing unaccompanied migrant children at shelters run by the nonprofit since at least 2015.
The lawsuit alleges that several Southwest Key shelter employees raped, sexually assaulted, sexually harassed and inappropriately touched children in the care of the Department of Health and Human Services, which is responsible for caring for migrant minors who cross the US-Mexico border without their parents.
The Justice Department also accused Southwest Key employees of soliciting sexual favours and nude photos from young migrants, as well as engaging in inappropriate relationships with them. The Justice Department said there were more than 100 reports of “unlawful sexual abuse or solicitation” of children placed at Southwest Key. Some staff members, the department added, have been criminally prosecuted. The Justice Department said in the 26-page lawsuit:
Since at least 2015, multiple Southwest Key employees — including supervisory and non-supervisory employees — have subjected children living at Southwest Key shelter care homes to severe, pervasive, and unwelcome sexual abuse and harassment.
The Justice Department alleges Southwest Key failed to take adequate steps to protect the children in its care and encourage them to report sexual abuse or harassment. The department has asked a federal judge in Austin, Texas, to impose civil fines on Southwest Key and force the organisation to compensate victims.
The department also asked that Southwest Key be required to take steps to stop sexual violence in its facilities. In a statement to CBS News, Southwest Key said its “top priority is the safety, health and well-being of each of the children and teens we care for.” Southwest Kea also said:
We continue to review the complaint, and it does not present the accurate picture of the care and commitment our employees provide to the youth and children. We are in constant communication and continue to closely partner with the Office of Refugee Resettlement (ORR), as we have done so for the past two decades to ensure the children and youth entrusted to our care are safe with us during their short stay with Southwest Key.
When asked if HHS would stop using Southwest Key as a shelter, an agency spokesperson said it could not comment because of pending litigation.
In a statement included in the DOJ announcement, HHS Secretary Xavier Becerra said his agency “will continue to carefully evaluate the placement of children in foster care programmes to ensure the safety and well-being of each child” in its care. She also added:
The US Department of Justice’s complaint against Southwest Key raises serious pattern or practice concerns. HHS will continue to work with the Justice Department and oversight agencies to hold its care-giving programs like Southwest Key accountable.
According to the Justice Department, between fiscal years 2015 and 2023 – the time period covered by the lawsuit – Southwest Key received more than $3 billion from HHS to care for migrant children. Southwest Key has 29 shelters in Arizona, California and Texas that can house more than 6,000 children.