3-Year-Old Immigrant Allegedly Sexually Abused During Months in Federal Custody

Family says girl suffered abuse while separated from father for 5 months

Apr. 5, 2026 at 4:34pm

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A 3-year-old immigrant girl was allegedly sexually abused while in federal custody after being separated from her mother at the border. The girl's father, a legal permanent resident, waited months to be reunited with his daughter, only to later learn of the alleged abuse that occurred while she was in a foster home. The family is now suing the federal government over the incident.

Why it matters

This case highlights ongoing concerns about the treatment of immigrant children in federal custody, including allegations of abuse and the prolonged separation of families. It comes amid broader legal challenges to the Trump administration's changes to policies governing the detention and release of immigrant minors.

The details

The girl and her mother illegally crossed the border near El Paso in September 2025. When the mother was charged with making false statements, the toddler was sent to the custody of the Office of Refugee Resettlement (ORR). For months, the girl's father, a legal permanent resident, tried to be reunited with his daughter, but was told the government couldn't make an appointment to take his fingerprints. During this time, the girl allegedly suffered sexual abuse by an older child in the foster home where she was placed in Harlingen, Texas. A caregiver noticed the girl's underwear was on backward, and she later told the caregiver she had been abused multiple times, causing bleeding. The father was not immediately informed of the alleged abuse.

  • The girl and her mother crossed the border near El Paso on September 16, 2025.
  • The girl was placed in ORR custody after being separated from her mother.
  • For 5 months, the girl's father waited to be reunited with his daughter.
  • In February 2026, attorneys filed a habeas petition that prompted the government to allow the father to complete the sponsorship process.
  • Two days after the habeas petition was filed, the girl was released to her father in Chicago.

The players

The Girl

A 3-year-old immigrant girl who was separated from her mother at the border and allegedly sexually abused while in federal custody.

The Girl's Father

A legal permanent resident in the United States who waited months to be reunited with his daughter after she was placed in federal custody.

Office of Refugee Resettlement (ORR)

The federal agency responsible for the care of immigrant children in shelter or foster settings.

Lauren Fisher Flores

The lawyer representing the girl and her family in a lawsuit against the federal government.

Neha Desai

The managing director at Children's Human Rights and Dignity at the National Center for Youth Law, who criticized the administration's treatment of immigrant children.

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What they’re saying

“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.”

— Lauren Fisher Flores, Lawyer representing the girl and her family

“Increasingly, we have to turn to the federal courts to challenge these harmful legal violations and demand that children be released.”

— Lauren Fisher Flores, Lawyer representing the girl and her family

“This represents yet another version of family separation. A bipartisan Congress designed protections around the simple principle that children should be released to their family quickly and safely. This administration has been consistently flouting its legal obligations to release children to their families, profoundly jeopardizing children's health and well-being.”

— Neha Desai, Managing Director, Children's Human Rights and Dignity, National Center for Youth Law

What’s next

The family's lawsuit against the federal government over the alleged abuse and prolonged detention of the girl is ongoing.

The takeaway

This case underscores the ongoing challenges and concerns around the treatment of immigrant children in federal custody, including allegations of abuse and the prolonged separation of families, which have led to increased legal action against the government.