In a significant development, the federal government has opted to withdraw its civil lawsuit against Southwest Key Programs, the major provider of housing for migrant children without companionship, accused of sexual misconduct and harassment over several years. The decision accompanies the decision to cease using this provider altogether. The announcement to dismiss the lawsuit was made after all children were relocated to other shelters.
The original lawsuit was initiated during the previous administration, listing numerous allegations from 2015 to 2023. During this period, Southwest Key Programs, managing shelters across Texas, Arizona, and California, secured nearly $3 billion in contracts from the Department of Health and Human Services (HHS). Despite the lawsuit’s dismissal, the agency has asserted that it will not send unaccompanied minors to these facilities “due to persistent concerns about these placements” and will reassess grants directed to the contractor.
Southwest Key Programs expressed satisfaction with the lawsuit’s dismissal. In their statement, they conveyed that the allegations concerning sexual abuse in their shelters were unfounded and that no settlement or payment was required. “We have always been confident that the facts would invalidate the allegations,” they stated, expressing gratitude toward the government’s comprehensive review of the situation and the subsequent dismissal of the case.
This week also saw Southwest Key Programs implementing furloughs for staff nationwide. Faced with a sudden halt in federal funding and a cease-placement order from the Office of Refugee Resettlement affecting their minor shelters and holistic follow-up programs, they announced the furlough of approximately 5,000 employees.
The lawsuit from 2024 brought serious allegations, suggesting that several Southwest Key employees, including supervisors, engaged in sexual misconduct with children. Allegations included sexual abuse spanning from 2015, where a worker allegedly sexually abused multiple young girls at a shelter in El Paso, Texas. Another accusation involved an employee who purportedly coerced a teenage boy into sexual acts at a hotel in 2020.
Reports indicated that children were threatened to remain silent about the abuse, with warnings of harm against them or their families. It was alleged that some employees were aware of the misconduct but failed to report it. An attorney advocating for the affected children expressed shock and disappointment at the lawsuit’s dismissal, emphasizing the potential for continued legal avenues for the children to seek justice and healing.
However, the case might not be concluded yet. The National Center for Youth Law has requested the court to reconsider the dismissal, seeking intervention rights on behalf of the abused children. If permitted, they aim to file a motion within 30 days to continue the legal battle.
Since 2020, at least two employees have faced criminal charges linked to these allegations. The lawsuit initially intended to pursue a jury trial and compensation for the victims. As developments unfold, many are waiting to see how far-reaching the potential legal fallout might be.
