3-Year-Old Was Abused While Waiting Months to Be Released From Detention Under Trump Restrictions

President Donald Trump's Department of Health and Human Services and its office in charge of providing care for unaccompanied immigrant children have been named in a civil lawsuit alleging that a three-year-old was sexually abused after immigration officials separated her from her mother at the US border, while her father waited for months to be reunited with the child.

The girl crossed the border with her mother last September but was separated from her mother after the woman was charged with making false statements, according to The Associated Press. She was sent to the Office of Refugee Resettlement (ORR), which operates under HHS and places children in foster or shelter settings.

When Trump took office for his second term in January 2025, the average time a child was under ORR's care was 37 days, but as of February children were remaining in shelter or foster settings for an average of 200 days.

The process through which ORR releases children to the care of their parents or sponsors has grown more arduous under the Trump administration, and in the case of the three-year-old, she waited for five months in foster care while the government repeatedly told her father it couldn't make an appointment for him to be fingerprinted.

Court documents state that during that time, the girl reported being sexually abused by an older child who was living in the same foster setting in Harlingen, Texas. She told a caregiver that she had been abused multiple times and had suffered bleeding as a result.

ORR only told her father that there had been an "accident" in foster care. Officials did not tell him the result of a forensic exam and interview of his child, but the older child accused of the abuse was removed from the foster setting.

“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,” said the father, who is a legal permanent US resident and spoke to the AP anonymously to protect his daughter's identity. “She was so long in there... I just think that if they would have moved faster, nothing like that would have happened.”

The Trump administration has claimed its new restrictions for sponsors and family members seeking custody of their children who are in ORR's care have prevented traffickers from illegally bringing children into the US and have kept unaccompanied minors safe.

Family members like the three-year-old's father are required to submit to income verification, home inspections, and DNA testing.

The new procedures were immediately followed by a drastic jump in child detention times, according to the AP.

Legal advocates have filed lawsuits challenging the new restrictions on the grounds that they can cause prolonged detention for children. Lauren Fisher Flores, the legal director of the American Bar Association’s ProBar project and the attorney representing the girl's family, told the AP that the organization has worked on eight habeas corpus petitions on behalf of children who have been detained for an average of 255 days.

In the girl's case, the government finally allowed the father to be fingerprinted after attorneys sent a letter to ORR, but still did not provide a timeline for his daughter's release. His lawyers then filed a habeas petition, prompting the government to release the child to her father.

During the legal challenge, the father learned the details of what ORR had called an "accident" that happened in the foster setting.

“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 told the AP. “Children deserve safety and they belong with their parents.”