Family Claims 3-Year-Old Immigrant Girl Endured Sexual Abuse in Federal Custody

McALLEN, Texas — A father’s desperate wait for his 3-year-old daughter’s release from federal custody turned into a nightmare when he discovered she had allegedly been sexually abused while in care. The girl had crossed the U.S.-Mexico border with her mother, only to be separated and placed in a foster home.

“She was so long in there,” the father, a legal permanent resident, expressed, speaking anonymously to protect his daughter’s identity. “If they would have moved faster, nothing like that would have happened.” His journey through the legal system began as a last resort to reunite with his child.

Last year, the administration implemented stringent policies targeting detained immigrant children, leading to extended detention times. The father’s attempts to reunite with his daughter were met with bureaucratic delays, including an inability to schedule a fingerprint appointment necessary for his sponsorship application.

During her time in foster care in Harlingen, Texas, court documents reveal that the girl reported being sexually abused by an older child. A caregiver noticed her underwear was worn backward, prompting the girl to disclose multiple instances of abuse that resulted in bleeding. The father recounted how officials described the incident as an “accident” and assured him that an examination would take place.

“I asked them, ‘What happened? I want to know,’” he recalled. “They just told me that they couldn’t give me more information, that it was under investigation.” The girl underwent a forensic exam, but the father was left in the dark about its findings. The older child accused of the abuse was subsequently removed from the foster program.

Lauren Fisher Flores, the attorney representing the girl, stated that the abuse allegations were reported to local law enforcement. “To have your child abused while in the government’s care... it is unimaginable,” she said. “Children deserve safety and they belong with their parents.” The Office of Refugee Resettlement (ORR) and its parent agency did not respond to requests for comment regarding the lawsuit.

The girl and her mother crossed the border illegally on September 16 of last year. Following her mother’s arrest for making false statements, the toddler was placed under ORR custody, which manages immigrant children in shelters or foster homes.

Under the Trump administration, stricter documentation requirements for sponsors were enforced, leading to increased pressure on unaccompanied minors to self-deport before being transferred to shelters. Legal advocates anticipated that these policy changes would prolong detention times.

Average custody durations for children under ORR care skyrocketed from 37 days at the start of 2025 to nearly 200 days by February 2023. While the number of children in ORR custody halved during this period, attorneys began utilizing habeas petitions—emergency lawsuits—to expedite releases.

This year alone, Fisher Flores noted that her organization has filed eight habeas corpus petitions for children held for an average of 225 days, a tactic not previously employed before this administration. Legal intervention eventually prompted a response from the federal government regarding the father’s application.

After months of delays, a letter from attorneys in February led to appointments for fingerprinting and home visits. However, ORR continued to stall on timelines for the girl’s release. Following a habeas petition filed in federal court, she was released just two days later.

It was during this legal process that the father learned about the alleged sexual abuse. “Increasingly, we have to turn to the federal courts to challenge these harmful legal violations,” Fisher Flores remarked.

The fingerprinting policy faced challenges during the first Trump administration, with ongoing lawsuits addressing recent changes affecting immigrant children’s custody and care. Neha Desai from the National Center for Youth Law described this case as another instance of family separation, emphasizing that protections designed by Congress are being disregarded.

“This administration has been consistently flouting its legal obligations,” Desai added. When the father finally reunited with his daughter, tears flowed as joy filled the moment. Yet, he soon noticed troubling changes: nightmares and heightened anxiety plagued her. “She was never like that before,” he lamented.

The pair now reside in Chicago with the girl’s grandparents as her immigration case progresses through court.