Justice Department Abruptly Drops Lawsuit Against Southwest Key Programs Amid Abuse Allegations
Washington, D.C. – The Department of Justice (DOJ) has stirred controversy by dropping a significant civil rights lawsuit against Southwest Key Programs, a national nonprofit organization, that was initially filed last year. The lawsuit alleged that employees of Southwest Key had sexually abused unaccompanied minors housed in its shelters after crossing the border into the United States. The decision to drop the lawsuit, documented in a court filing released on Wednesday, follows the Department of Health and Human Services (HHS) halting the placement of unaccompanied migrant children in Southwest Key shelters and initiating a review of its grants to the organization.
According to a press release from HHS, all children previously residing in Southwest Key shelters have been relocated to alternative facilities. HHS Secretary Robert F. Kennedy, Jr., stated that the action was a critical step towards eradicating the exploitation of vulnerable children, both before and after they arrive in the United States. "For too long, pernicious actors have exploited such children both before and after they enter the United States," Secretary Kennedy stated in the release. "Today’s action is a significant step toward ending this appalling abuse of innocents.”
Southwest Key, based in Austin, Texas, operates under contract with the federal government to provide care for young migrants who arrive in the U.S. without parents or legal guardians. The organization has operated 27 shelters across Texas, Arizona, and California, making it the largest provider of shelter services for unaccompanied minor children.
The DOJ’s initial lawsuit, filed in July 2024 in the Western District of Texas, claimed a pattern of severe or pervasive sexual harassment within Southwest Key’s network of shelters dating back to at least 2015. The complaint outlined disturbing allegations, including severe sexual abuse and rape, solicitation of sex acts, solicitation of nude photos, entreaties for sexually inappropriate relationships, and sexual comments and gestures.
Court records indicate that lawyers representing both the Justice Department and Southwest Key submitted a joint motion for dismissal on Wednesday.
Southwest Key has vehemently denied the allegations. A company spokesperson stated, "Southwest Key strongly denied the claims relating to child sexual abuse in our shelters, and there is no settlement or payment required. We are glad this matter is now concluded. We always believed the facts would prove the allegations to be without merit."
The spokesperson also announced the furloughing of approximately 5,000 program employees, attributing the decision to a federal funding freeze.
Bloomberg initially reported the plans to dismiss the case, revealing that an attorney for Southwest Key contacted the Justice Department, requesting dismissal on the grounds that the lawsuit could impede the Trump administration’s crackdown on illegal immigration.
The Justice Department’s abrupt change of course coincides with Attorney General Pam Bondi prioritizing combating illegal immigration over initiatives pursued during President Joe Biden’s administration.
The National Center for Youth Law has responded to the DOJ’s decision by sending a letter to U.S. District Court Judge Alan D. Albright, seeking to intervene in the case to keep it alive. The center requested a 30-day delay in ruling on the DOJ’s motion to dismiss, allowing it to file an intervening motion on behalf of individuals whose interests the United States no longer protects, according to a letter from the center’s co-director of litigation, David Hinojosa.
Hinojosa wrote, "Until today, the United States has faithfully sought to uphold the rule of law by prosecuting claims and seeking relief that would help both protect unaccompanied children and compensate them for their damages. Countless children now risk being denied any recourse for the terrible harms suffered while in the care of Southwest Key."
Court records confirm that Judge Albright accepted the joint motion to dismiss and ordered the case closed.
The National Center for Youth Law also sent a letter to Republican Senator Chuck Grassley, urging him to call on the Justice Department to explain its reasons for dropping the lawsuit and identify who made the decision.
Johnathan Smith, the center’s chief of staff and general counsel, wrote, "Given your history of advocating for the safety of unaccompanied children, we respectfully request your office’s continued leadership to protect these children and hold accountable all entities – public or private – that jeopardize their welfare."
Senator Grassley’s spokesperson, Clare Slattery, stated that the senator has contacted the Justice Department seeking clarity about the lawsuit’s dismissal and anticipates a follow-up conversation shortly.
The abrupt dismissal of the lawsuit has raised serious questions about the Justice Department’s commitment to protecting vulnerable children and holding accountable organizations responsible for their care. The decision leaves many wondering whether political considerations influenced the decision to drop the case, potentially depriving victims of justice and allowing alleged abusers to evade accountability.
The HHS’s decision to remove children from Southwest Key shelters and review its grants to the organization suggests that the allegations of abuse were taken seriously at some level within the government. However, the DOJ’s decision to drop the lawsuit casts doubt on the government’s overall commitment to protecting these children and ensuring their well-being.
The intervention sought by the National Center for Youth Law highlights the concerns of advocates who fear that the dismissal of the lawsuit will leave unaccompanied migrant children without recourse for the harm they allegedly suffered while in the care of Southwest Key. The center’s efforts to keep the case alive underscore the importance of ensuring that these children have access to justice and that organizations responsible for their care are held accountable for any wrongdoing.
The response from Senator Grassley indicates that there is bipartisan concern about the Justice Department’s decision and a desire for greater transparency regarding the reasons behind the dismissal of the lawsuit. His inquiry into the matter could shed light on the factors that influenced the DOJ’s decision and potentially lead to further action to protect unaccompanied migrant children.
