Three-Year-Old Immigrant Allegedly Sexually Abused in US Federal Custody
A three-year-old immigrant girl suffered months of alleged sexual abuse while in federal custody after being separated from her mother at the US-Mexico border, according to a lawsuit filed by her family. The child's father, a legal permanent resident in the United States, waited five months to be reunited with his daughter, only to discover she had been traumatized during her detention.
Father Blames Delayed Reunification for Abuse
"She was so long in there," the father told The Associated Press, speaking on condition of anonymity to protect his daughter's identity. "I just think that if they would have moved faster, nothing like that would have happened." The girl crossed the border near El Paso with her mother on September 16 last year. When her mother was charged with making false statements, they were separated, and the toddler was placed in the custody of the Office of Refugee Resettlement.
For months, the father's attempts to reunite with his daughter stalled as the government failed to schedule his fingerprinting appointment. During this period, court documents allege the girl was sexually abused by an older child in her foster home in Harlingen, Texas. A caregiver noticed the child's underwear was on backward, prompting the girl to disclose multiple abusive incidents that caused bleeding.
Federal Agencies Accused of Negligence
The ORR and its parent agency, the Department of Health and Human Services, were named in the lawsuit but did not respond to requests for comment. Federal officials initially told the father there had been an "accident" and his daughter would be examined, but refused to provide details. "I asked them, 'What happened? I want to know. I'm her father. I want to know what's going on,' and they just told me that they couldn't give me more information, that it was under investigation," the father recounted.
The girl underwent a forensic examination and interview, and the older child accused of abuse was removed from the foster program. However, the father wasn't informed of the outcome, and abuse allegations were reported to local law enforcement. Lauren Fisher Flores, the lawyer representing the girl, expressed outrage: "To have your child abused while in the government's care, to not understand what has happened or how to protect them, to not even be told about the abuse, it is unimaginable. Children deserve safety and they belong with their parents."
Trump Administration Policies Blamed for Prolonged Detention
The lawsuit highlights how President Donald Trump's administration implemented new rules last year that targeted detained immigrant children, resulting in dramatically increased detention times. Key policy changes included:
- Stricter documentation requirements for sponsors
- Border agents pressuring unaccompanied children to self-deport before shelter transfer
- Immigration and Customs Enforcement arresting some sponsors during release processes
These changes have been challenged by legal advocates who anticipated prolonged detention. Average custody times for children in ORR care skyrocketed from 37 days when Trump took office in January 2025 to nearly 200 days by February this year, despite the total number of detained children falling by half.
Legal Intervention Forces Government Action
After months of delays, attorneys sent the government a letter in February demanding action, prompting appointments for fingerprinting, home visits, and DNA testing. When ORR stalled again, attorneys filed a habeas corpus petition in federal court. Two days later, the girl was released to her father. It was during this legal process that the father learned the "accident" officials mentioned was actually alleged sexual abuse.
Fisher Flores, legal director of the American Bar Association's ProBar project, revealed her organization has worked on eight habeas corpus petitions this year representing children held in federal custody for an average of 225 days. "Increasingly, we have to turn to the federal courts to challenge these harmful legal violations and demand that children be released," she stated.
Broader Implications for Immigrant Children's Rights
Neha Desai, managing director at Children's Human Rights and Dignity at the National Center for Youth Law, condemned the administration's approach: "This represents yet another version of family separation. A bipartisan Congress designed protections around the simple principle that children should be released to their family quickly and safely. This administration has been consistently flouting its legal obligations to release children to their families, profoundly jeopardizing children's health and well-being."
The fingerprinting policy was previously challenged during Trump's first administration, and nationwide lawsuits continue to oppose recent changes affecting immigrant children's custody and care.
Lasting Trauma for Young Victim
When finally reunited with his daughter, the father cried. His daughter was happy to see him, but after five months in detention, he noticed significant behavioral changes: she suffered nightmares and became easily upset. "She was never like that before," her father said. The pair now live in Chicago with the girl's grandparents while her immigration case proceeds through court.
The case underscores ongoing concerns about the treatment of immigrant children in US custody and the human cost of policies that prolong family separation. As legal battles continue, advocates emphasize that swift reunification remains crucial to protecting vulnerable children from harm while in government care.
