By PAUL J. WEBER and VALERIE GONZALEZ
AUSTIN, Texas — Employees of the largest housing provider for unaccompanied migrant children in the U.S. repeatedly sexually abused and harassed children in their care for at least eight years, the Justice Department said Thursday, alleging a shocking litany of offenses that took place as the company amassed billions of dollars in government contracts.
Southwest Key Programs Inc. employees, including supervisors, raped, touched or solicited sex and nude images of children beginning in 2015 and possibly earlier, the Justice Department said in a lawsuit filed this week. At least two employees have been indicted on criminal charges related to the allegations since 2020.
It was not immediately clear how many children are currently in Southwest Key’s vast network of shelters across three states, which have room for more than 6,300 children. A Justice Department spokesperson declined to comment beyond the lawsuit announcement when asked whether the department recommended that children be removed from the shelters or that the the nonprofit’s contracts be terminated.
“In some cases, Southwest Key employees threatened children to maintain their silence,” the lawsuit states. “In harassing these children, these Southwest Key employees exploited the children’s vulnerabilities, language barriers, and distance from family and loved ones.”
In a statement, Southwest Key said it was reviewing the complaint and disputed the portrayal of its care for children.
The nonprofit organization is the largest provider of housing for unaccompanied migrant children, operating under grants from the U.S. Department of Health and Human Services. It has 29 child migrant shelters — 17 in Texas, 10 in Arizona and two in California. The company’s largest shelter in Brownsville, Texas, is at a converted Walmart with a capacity for 1,200.
The provider has been a major but somewhat low-profile player in the government’s response to the arrival of hundreds of thousands of migrant children traveling alone in recent years and during the separation of thousands of families in 2017 and 2018 under President Donald Trump’s administration. The government awarded the provider more than $3 billion in contracts from 2015 to 2023.
The Border Patrol must transfer custody of unaccompanied children within 72 hours of arrest to Health and Human Services, which releases most to parents or close relatives after short stays at Southwest Key or shelters operated by other contracted providers.
Health and Human Services reported 6,228 children at all of its facilities on June 17, according to the most recent data on its website, which does not break numbers down by shelter or provider. The department declined to say how many children are currently in Southwest Key’s care or if the agency continues to assign children to its facilities.
The lawsuit, filed Wednesday in Austin, where Southwest Key is based, provides extensive details, saying authorities received more than 100 reports of sexual abuse or harassment at the provider’s shelters since 2015.
Among the lawsuit’s allegations: An employee “repeatedly sexually abused” three girls ages 5, 8 and 11 at the Casa Franklin shelter in El Paso, Texas. The 8-year-old told investigators that the worker “repeatedly entered their bedrooms in the middle of the night to touch their ‘private area,’ and he threatened to kill their families if they disclosed the abuse.”
The lawsuit also alleges that an employee of the provider’s shelter in Tucson, Arizona, took an 11-year-old boy to a hotel and paid him to perform sexual acts for several days in 2020.
Children were threatened with violence against themselves or family if they reported abuse, according to the lawsuit. It added that testimony from the victims revealed staff in some instances knew about the ongoing abuse and failed to report it or concealed it.
Health and Human Services Secretary Xavier Becerra said Thursday that the complaint “raises serious pattern or practice concerns” about Southwest Key. “HHS has a zero-tolerance policy for all forms of sexual abuse, sexual harassment, inappropriate sexual behavior, and discrimination,” he said in a statement.
Southwest spokesperson Anais Biera Miracle said Thursday that the provider is still reviewing the complaint, which she said “does not present the accurate picture of the care and commitment our employees provide to the youth and children.”
Texas, like Florida, revoked the licenses of facilities that house migrant children in 2021 in response to an extraordinary influx of people across its border from Mexico, creating what some critics said was an oversight void.
The lawsuit comes less than three weeks after a federal judge granted the Justice Department’s request to lift special court oversight of HHS’ care of unaccompanied migrant children. President Joe Biden’s administration argued that new federal safeguards rendered special oversight unnecessary 27 years after it began.
Special court oversight remains in place at the Department of Homeland Security, which includes the Border Patrol.
Leecia Welch, an attorney for unaccompanied children in the case for court oversight, said the allegations against Southwest Key are “absolutely disgusting” and blamed Texas’ revocation of licenses for “a powder keg waiting to explode.”
“While I applaud the efforts to right the grievous wrongs these children have experienced, I hope the federal government will also take some responsibility for the role it played,” said Welch, deputy legal director of Children’s Rights.
Neha Desai, another attorney involved in court oversight, called the allegations “profoundly disturbing and shocking.”
“I hope that the government takes the most aggressive measures possible to ensure that children currently placed at Southwest Key facilities are not in harm’s way,” said Desai, senior director for immigration at the National Center for Youth Law.
The Associated Press left email messages Thursday with the offices of Texas Gov. Greg Abbott and Attorney General Ken Paxton. The attorneys general of Arizona and California declined to comment on the litigation.
Southwest grew as unaccompanied children began crossing the border in large numbers in 2014, overwhelming U.S. authorities.
The company has found itself in the middle of controversies over immigration and has steadfastly maintained that its mission was to provide quality care for children. It names its facilities “casas,” Spanish for home.
“A typical day for children in a Southwest Key Casa includes breakfast, school, lunch, dinner, homework, snacks, and bedtime,” the Justice Department said in its complaint.
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This story has been edited to correct that the HHS numbers are for all children in migrant shelters, not Southwest Key specifically.
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Gonzalez reported from McAllen, Texas. Associated Press writer Elliot Spagat in San Diego contributed to this report.
