The Justice Department has filed a lawsuit against Southwest Key Programs Inc. (Southwest Key), a Texas-based nonprofit that provides housing to unaccompanied children encountered at the southern U.S. border. The lawsuit alleges that Southwest Key, through its employees, engaged in a pattern or practice of sexual abuse and harassment of unaccompanied children in violation of the Fair Housing Act.
“Sexual harassment of children in residential shelters, where a child should be safe and secure, is abusive, dehumanizing and unlawful,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Sexual abuse of children is a crisis that we can’t ignore or turn a blind eye to. This lawsuit seeks relief for children who have been abused and harmed, and meaningful reforms to ensure no child in these shelters is ever subjected to sexual abuse again.”
“HHS has a zero-tolerance policy for all forms of sexual abuse, sexual harassment, inappropriate sexual behavior, and discrimination,” said U.S. Department of Health and Human Services (HHS) Secretary Xavier Becerra. “The U.S. Department of Justice’s complaint against Southwest Key raises serious pattern or practice concerns. HHS will continue to work with the Justice Department and oversight agencies to hold its care-giving programs like Southwest Key accountable. And we will continue to closely evaluate our assignment of children into care-giving programs to ensure the safety and well-being of every child in HHS custody.”
“Every child has the right to feel safe and secure in their dwelling, including in shelter care,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “This lawsuit seeks to provide a pathway for justice and healing for these children, who are among the most vulnerable in our society.”
“In search of the American Dream, children often endure perilous journeys on their migration north to the southern border,” said U.S. Attorney Alamdar S. Hamdani for the Southern District of Texas. “The sexual harassment alleged in the complaint would destroy any child’s sense of safety, turning what was an American Dream into a nightmare. We look forward to working together with the Civil Rights Division and the U.S. Attorney’s Office for the Western District of Texas to provide justice for the victims who allegedly suffered harm in Southwest Key’s shelters.”
Southwest Key operates 29 shelters providing temporary housing for unaccompanied children in Texas, Arizona, and California, making it the largest housing provider for such minors in the United States. The organization receives grants from HHS's Office of Refugee Resettlement (ORR) to offer housing and other care services until these children are reunited with their families or placed with vetted sponsors while their immigration cases proceed.
The lawsuit filed yesterday in the U.S. District Court for the Western District of Texas alleges that from 2015 through at least 2023, multiple Southwest Key employees subjected children under their care to severe or pervasive sexual harassment including inappropriate touching, solicitation of sex acts and nude photos, entreaties for inappropriate relationships, and sexual comments. The complaint further asserts that Southwest Key failed to prevent such harassment adequately or follow federal requirements regarding preventing, detecting, reporting abuse including sexual harassment.
The department seeks monetary damages for affected children, civil penalties to uphold public interest standards, and court orders mandating measures preventing future incidents.
Individuals believing they may have been victims or possessing relevant information are encouraged to contact DOJ's housing discrimination tip line at 1-833-591-0291 or email southwest.key@usdoj.gov.
Since launching its Sexual Harassment in Housing Initiative in October 2017 led by DOJ's Civil Rights Division alongside U.S Attorneys’ Offices nationwide; 43 lawsuits have been filed recovering over $17 million for victims.
The Fair Housing Act prohibits discrimination based on race, color, religion, national origin, sex, disability,and familial status.More information about DOJ's Civil Rights Division is available at www.justice.gov/crt.