Recent Department of Justice Litigation A prominent non-governmental organization has accused the agency of “repeatedly” sexually abusing and harassing unaccompanied children. The non-profit organization disputes the allegations, arguing that the Justice Department’s charges “do not paint an accurate picture of the care and dedication our staff provides to youth and children.”
The Texas-based nonprofit Southwest Key Program partners with the Department of Health and Human Services to provide housing for minors who have crossed into the U.S. illegally without a parent or guardian. WebsiteThe organization is an “essential partner in the U.S. response to the migration crisis at the southern border.”
“The child’s testimony was partially corroborated by video footage.”
The Justice Department’s complaint alleges that “from at least 2015 through at least 2023, multiple Southwest Key employees subjected unaccompanied children in their care to repeated and disturbing sexual abuse, harassment, misconduct and a hostile living environment, including severe sexual abuse and rape, solicitations for sex, solicitations for nude photographs, solicitations for sexually inappropriate relationships, sexual comments and gestures, lewd gazes and inappropriate touching.”
The lawsuit alleges that some children were “threatened” by staff to “remain silent” about the abuse.[ing] take appropriate measures to protect children in their care.”
According to the Department of Justice, the children who were allegedly abused were as young as 5 years old.
When unaccompanied minors are apprehended by the Border Patrol at the southern border, they are housed by the Department of Health and Human Services’ Office of Refugee Resettlement, which is responsible for providing humanitarian care and housing. The office partners with several nongovernmental organizations, including Southwest Key, to provide these services.
As part of its partnership with the federal government, HHS provides grants funded by American taxpayers to NGOs.
The Justice Department’s complaint states that Southwest Key is “the largest private residential care provider for unaccompanied children in the United States.” The nonprofit operates 29 shelters and houses approximately 6,350 children.
“From fiscal year 2015 through fiscal year 2023, Southwest Key has received more than $3 billion in funding from HHS,” it added.
The Justice Department alleged that during that period, the organization received complaints of sexual abuse and harassment at “the majority” of its facilities.
In one 2022 case, an 8-year-old girl alleged that a Southwest Key youth care worker “repeatedly” entered her bedroom at night and abused her. The worker was also accused of inappropriate conduct with girls ages 5 and 11. The worker allegedly “threatened to kill her family if she exposed the abuse.”
In 2019, a teenage girl gave her teacher a note saying that her shift leader had “repeatedly raped, abused and threatened” her.
“She reported that she believed Southwest Key employees were covering for her to protect the shift leader because the shift leader regularly replaced other staff members so that he could be alone with her,” the Justice Department’s complaint states. “The child’s story is corroborated in part by video footage of the shift leader entering her bedroom and diary entries documenting the abuse. Additionally, employees witnessed the shift leader not following bedroom check rules and regularly entering the child’s bedroom (as well as other children’s bedrooms) while other employees were not present.”
The Justice Department’s complaint lists numerous cases of sexual abuse and harassment allegedly committed by employees of the NGO, including an unknown number of children who were allegedly abused.
Secretary of Health and Human Services Xavier Becerra stated“HHS has a zero-tolerance policy toward any form of sexual abuse, sexual harassment, inappropriate sexual conduct or discrimination.”
“The U.S. Department of Justice’s complaint against Southwest Key raises serious pattern and practice concerns. Health and Human Services will continue to work with the Department of Justice and oversight agencies to hold child care programs like Southwest Key accountable. We also will continue to closely evaluate the assignment of children to child care programs to ensure the safety and well-being of all children under Health and Human Services’ care,” Becerra added.
The HHS Administration for Children and Families Daily Kohler New Foundation A request for comment was referred to the Department of Justice, which also declined to comment.
The Blaze News reported on the allegations against Southwest Key last week, but the non-governmental organization did not publicly comment on the lawsuit at the time. A Southwest Key spokesperson later told DCNF that the company is still affiliated with HHS’s Office of Refugee Resettlement.
“Southwest Key Programs’ primary focus is the safety, health and well-being of each and every child and young person in our care,” a spokesperson told DCNF. “We continue to review the complaint, but the complaint does not paint an accurate picture of the care and dedication our employees are providing to youth and children.”
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