Three-Year-Old Immigrant Girl Allegedly Sexually Abused While in Federal Custody
A three-year-old immigrant girl allegedly suffered sexual abuse while in federal custody after being separated from her mother at the U.S.-Mexico border, according to court documents and family statements. The girl's father, a legal permanent resident in the United States, waited five months for her release, only discovering the alleged abuse when he turned to the courts as a last resort.
Delayed Reunion and Alleged Abuse in Foster Care
The young girl and her mother illegally crossed the border near El Paso, Texas, on September 16, 2023. When her mother faced charges for making false statements, immigration officials separated them, placing the toddler into the custody of the federal Office of Refugee Resettlement (ORR). She was subsequently sent to a foster home in Harlingen, Texas.
For months, the father's attempts to reunite with his daughter stalled as the government failed to schedule a fingerprinting appointment. During this time, according to the lawsuit, the girl reported being sexually abused by an older child in the foster home. A caregiver noticed the child's underwear was on backward, prompting the girl to disclose multiple instances of abuse that caused bleeding.
"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 told the Associated Press under condition of anonymity to protect his daughter's identity.
Trump Administration Policy Changes and Prolonged Detention
The case highlights broader issues under the Trump administration's immigration policies implemented in 2025. New rules and procedures led to a dramatic increase in detention times for immigrant children. Average custody times for children in ORR care grew from 37 days in January 2025 to nearly 200 days by February of the following year.
Stricter documentation requirements for sponsors, pressure on unaccompanied children to self-deport, and arrests of some sponsors during the release process have contributed to prolonged separations. Legal advocates have filed lawsuits challenging these changes, anticipating they would result in extended detention periods.
"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, referring to the three-year-old girl's case.
Legal Intervention and Disclosure Failure
The father learned about the alleged abuse only while attorneys prepared a habeas corpus petition to expedite his daughter's release. ORR officials had previously told him there had been an "accident" and his daughter would be examined, but provided no further details. The girl underwent a forensic exam and interview, and the older child accused of abuse was removed from the foster program.
Lauren Fisher Flores, legal director of the American Bar Association's ProBar project and the girl's lawyer, stated, "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."
After attorneys sent a letter to the government in February, the father finally received appointments for fingerprinting, a home visit, and a DNA test. When ORR stalled again without providing a release timeline, attorneys filed the habeas petition. Two days later, the girl was released to her father.
Aftermath and Ongoing Legal Challenges
The father and daughter now live in Chicago with the girl's grandparents while her immigration case proceeds. The father has noticed significant changes in his daughter's behavior since her five-month detention: she experiences nightmares and is easily upset. "She was never like that before," he said.
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. Legal advocates continue to challenge fingerprinting policies and other changes affecting immigrant children's custody through nationwide lawsuits.
Fisher Flores noted that her organization has worked on eight habeas corpus petitions this year representing children held in federal custody for an average of 225 days—a type of legal action they hadn't needed before the current administration's policies took effect.
