Lawsuit Alleges Sexual Abuse of 3-Year-Old Migrant Girl in Texas Foster Care
A 3-year-old girl who crossed the U.S.-Mexico border with her mother in September 2019 faced separation and placement in federal foster care, where she allegedly suffered sexual abuse by an older child. Her father, a U.S. legal permanent resident, waited five months for reunification amid delays in processing.
Substrate placeholder — needs reviewA 3-year-old girl and her mother crossed the U.S.-Mexico border near El Paso on September 16, 2019. The mother was charged with making false statements, leading to their separation. The girl was placed in the custody of the Office of Refugee Resettlement (ORR), part of the Department of Health and Human Services, which manages care for unaccompanied migrant children in shelters or foster settings.
The girl's father, a legal permanent resident in the United States, sought to reunite with her after five months. Reunification efforts stalled because the government could not schedule an appointment for his fingerprints. During this period, the girl was placed in a foster home in Harlingen, Texas.
According to court documents in a lawsuit filed on behalf of the girl, she reported sexual abuse by an older child in the foster home. A caregiver noticed the girl's underwear was on backward. The girl stated the abuse occurred multiple times and caused bleeding.
ORR officials informed the father of an "accident" and that his daughter would be examined, according to his account to The Associated Press. The father requested details but was told no further information could be provided as the matter was under investigation. The girl underwent a forensic examination and interview, and the older child was removed from the foster program.
The abuse allegations were reported to local law enforcement, according to Lauren Fisher Flores, the lawyer representing the girl. The ORR and Department of Health and Human Services were named in the lawsuit but did not respond to requests for comment. The Associated Press does not identify victims of sexual abuse.
The case occurs amid policy changes implemented by the Trump administration in 2019, which expanded sponsor vetting requirements and led to longer detention times for migrant children. Average custody duration for children in ORR care increased from 37 days in January 2017 to nearly 200 days by February 2020, while the total number of children in custody decreased by about half.
Legal advocates challenged these changes in lawsuits, citing risks of prolonged separations from family.
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