Standing with Young Survivors: AIS Statement on
Southwest Key Sexual Abuse Case Dismissal
March 13, 2025 - The Alliance for Immigrant Survivors (AIS) stands with all survivors and affirms that all children deserve safety from abuse, regardless of where they were born. As a national network of advocates dedicated to protecting survivors of violence, AIS is deeply concerned by the Department of Justice's (DOJ) move to drop its lawsuit against Southwest Key Programs, the nation's largest provider of housing for unaccompanied migrant children. This decision disregards overwhelming evidence of sexual abuse and denies justice to over 100 children who bravely came forward to report their abuse while in government-funded care.
Between 2015 and 2023, Southwest Key Programs received over $3 billion in federal funding to operate 29 shelters across Texas, Arizona, and California, housing up to 6,350 children at a time. DOJ's lawsuit cited over 100 documented cases of sexual abuse in these facilities, including reports of children as young as five years old being assaulted. The complaint also detailed systemic failures to protect children, such as staff refusing to report abuse and discouraging children from speaking out. In one instance, an eight-year-old girl reported that a Southwest Key employee entered bedrooms at night, touched children inappropriately, and threatened to kill their families if they spoke out. Another report described a child with visible marks resembling hickeys who was told by an employee to "cover up" the marks, and did not follow Southwest Key Programs protocol of reporting the incident to the Office of Refugee Resettlement. When the child reported to a different employee, who notified a supervisor of the incident, the supervisor told the employee not to write a report.
Despite these grave allegations, the DOJ has now abandoned its case. According to Bloomberg Law, the decision follows arguments from Southwest Key's legal team, which falsely claimed that holding the organization accountable under federal civil rights law would "incentivize illegal crossings at the southern border."
“Southwest Key's suggestion that the lawsuit will incentivize children to willingly come to the U.S. alone, for the purposes of being sexually abused so they may receive financial compensation, is reprehensible and a prime example of victim blaming,” said Alexander Delgado, Director of Policy at Esperanza United, an AIS Co-Chair organization.
AIS supports the U.S. Department of Health and Human Services (HHS) decision to end placements at Southwest Key shelters as detailed in their official statement. However, this action alone is not enough. The DOJ's lawsuit sought essential remedies, including:
A declaration that Southwest Key's practices violated the Fair Housing Act;
Injunctions to prevent future discriminatory practices;
Monetary damages for abuse victims; and
Civil penalties to uphold public interest.
“By dropping the case, the DOJ removes a critical pathway for justice, preventing victims from receiving financial compensation and signaling that government contractors can evade accountability for systemic abuse,” said Delgado. “This decision not only denies child survivors justice and restitution but also raises concerns about how the government monitors and funds facilities entrusted with the care of vulnerable children.”
DOJ’s decision to drop the case preemptively shuts down an opportunity to set a stronger legal precedent for protecting children in federal care. We urge the DOJ to:
Explore alternative means of seeking compensation for abuse survivors;
Ensure all children in federal custody have access to appropriate interpretation services; and
Strengthen oversight of all facilities housing unaccompanied migrant children.
AIS joins the National Center for Youth Law in their call for Congressional oversight of this troubling decision so this never happens again. We stand in solidarity with the courageous children who reported their abuse despite threats and power imbalances. Their bravery deserves a justice system that fully acknowledges their trauma and provides meaningful recourse for the harm they have endured.
Media Contact: Charlie McAteer, AIS Communications, charlie@frontflipchange.com, 917-696-1321.