On Thursday, the Justice Department revealed alarming allegations against Southwest Key Programs Inc., the largest provider of housing for unaccompanied migrant children in the U.S. The department's lawsuit accuses the organization of failing to protect children from sexual abuse and harassment by its employees over an eight-year period, while the company earned billions in government contracts.
According to the lawsuit, which was filed this week, Southwest Key employees, including supervisors, engaged in sexual misconduct such as rape, inappropriate touching, and soliciting nude images from children starting in 2015, and potentially even earlier. Since 2020, at least two employees have faced criminal charges related to these accusations.
The exact number of children currently residing in Southwest Key's extensive network of shelters across three states is unclear. The Justice Department did not provide information on whether it recommends removing children from these facilities or terminating the nonprofit’s contracts.
The lawsuit details instances where employees allegedly exploited children’s vulnerabilities, including language barriers and separation from family, to perpetrate abuse. It describes cases where staff threatened children to silence them and in some instances, continued abuse despite knowledge and failed reporting.
Southwest Key has responded by stating it is reviewing the complaint and disputes the portrayal of its care. The nonprofit operates under grants from the U.S. Department of Health and Human Services (HHS), running 29 shelters—17 in Texas, 10 in Arizona, and 2 in California. Its largest facility, a converted Walmart in Brownsville, Texas, can house up to 1,200 children.
The organization has played a significant role in housing unaccompanied migrant children, especially during recent surges in arrivals and family separations under the Trump administration. From 2015 to 2023, it received over $3 billion in federal contracts.
The lawsuit, filed in Austin where Southwest Key is based, claims that authorities have received over 100 reports of sexual abuse or harassment at the organization’s shelters since 2015. Among the allegations, one employee reportedly abused three girls, ages 5, 8, and 11, at the Casa Franklin shelter in El Paso, Texas. The lawsuit describes threats made to the children to prevent them from reporting the abuse. Another accusation involves a worker from a Tucson, Arizona shelter who allegedly paid an 11-year-old boy for sexual acts over several days in 2020.
HHS Secretary Xavier Becerra acknowledged that the lawsuit “raises serious pattern or practice concerns” about Southwest Key. He emphasized that HHS maintains a zero-tolerance policy for abuse and harassment.
Southwest Key spokesperson Anais Biera Miracle responded by asserting that the complaint does not accurately reflect the care and dedication of its staff.
In 2021, Texas, similar to Florida, revoked licenses for migrant child facilities, which some critics argue created a lack of oversight. This lawsuit follows a recent decision by a federal judge to lift special court oversight of HHS care for unaccompanied migrant children, a measure that had been in place for 27 years. Special oversight remains for the Department of Homeland Security and Border Patrol.
Leecia Welch, an attorney advocating for unaccompanied children, criticized the Texas license revocations as a significant oversight issue and called for federal accountability. Neha Desai, another attorney involved, expressed deep concern over the allegations and urged the government to ensure the safety of children currently in Southwest Key facilities.
The Associated Press has sought comments from Texas Governor Greg Abbott and Attorney General Ken Paxton, while attorneys general in Arizona and California have declined to comment on the litigation.
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