A 3-year-old girl suffered alleged sexual abuse while in federal immigration custody, a situation that came to light only after her father pursued legal action to secure her release, as reported by PBS. The incident occurred during a five-month period where the toddler was held in a foster home in Harlingen, Texas, following her separation from her mother at the U.S.-Mexico border.
The father, who is a legal permanent resident of the United States, spent months attempting to reunite with his daughter after she and her mother crossed the border near El Paso on September 16 last year. During this time, the government repeatedly stalled his efforts, citing an inability to schedule his fingerprinting appointments. The father shared his experience on the condition of anonymity to protect his daughter’s identity. “She was so long in there,” the father said. “I just think that if they would have moved faster, nothing like that would have happened.”
According to court documents, the alleged abuse was carried out by an older child residing in the same foster home. A caregiver discovered the girl’s underwear was on backward and noted the child reported being abused multiple times, which resulted in physical injury.
The detention of this child reflects broader shifts in policy under President Trump
When the father inquired about his daughter’s welfare, officials from the Office of Refugee Resettlement told him there had been an accident and that she would be examined. “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 said.
While the girl underwent a forensic examination and interview, the father was not informed of the results. The child accused of the abuse was eventually removed from the program. Lauren Fisher Flores, the attorney representing the girl, noted that the allegations were reported to local law enforcement.
“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,” Fisher Flores said. “Children deserve safety and they belong with their parents.”
The detention of this child reflects broader shifts in policy under President Trump. Since the start of his administration, the government has implemented stricter documentation requirements for sponsors and increased pressure on unaccompanied children to self-deport. These changes have significantly impacted the time children spend in federal care. Average custody times for children in the care of the Office of Refugee Resettlement have risen from 37 days in January 2025 to nearly 200 days this February.
Legal advocates have increasingly turned to habeas petitions to force the release of children to their parents. Fisher Flores, who serves as the legal director of the American Bar Association’s ProBar project, noted that her organization has filed eight such petitions this year for children held for an average of 225 days.
The father’s legal team filed a habeas petition in federal court after officials failed to provide a timeline for his daughter’s release. The girl was released to her father just two days later. It was during the preparation of this lawsuit that the father learned the truth about the incident officials had initially described as an accident. “Increasingly, we have to turn to the federal courts to challenge these harmful legal violations and demand that children be released,” Fisher Flores said.
The father reported that since the reunion, his daughter has exhibited signs of distress, including nightmares and irritability. The family is now living in Chicago while her immigration case remains pending.
“This represents yet another version of family separation,” said Neha Desai, managing director at Children’s Human Rights and Dignity at the National Center for Youth Law. “This administration has been consistently flouting its legal obligations to release children to their families, profoundly jeopardizing children’s health and well-being.”
The Office of Refugee Resettlement and the Department of Health and Human Services did not provide a comment regarding the lawsuit.
Published: Apr 9, 2026 02:30 pm