Father’s Long Wait for His Daughter’s Release from Federal Custody
MCALLEN, Texas — After a grueling five-month wait, a young father finally reunited with his 3-year-old daughter, who had been held in federal custody after crossing the U.S.-Mexico border. Along with her mother, the family prays for a safe reunion, even if belated.
The father, who is a legal permanent resident of the United States, was shocked to discover that his daughter had been suspected of experiencing sexual abuse while detained at a nursing home following an investigation by immigration authorities. His daughter was separated from her mother during this ordeal, highlighting the tragic consequences of current immigration policies.
“She had been there for an extended period,” the father said, expressing his anguish. “If action had been taken sooner, I believe this incident might have been averted.” He spoke to The Associated Press on the condition of anonymity to protect his daughter’s identity as a victim of abuse.
The Trump administration’s policy changes began targeting detained immigrant children, including the daughters of men, creating pathways for prolonged detentions. Following these policy shifts, the average detention time for immigrant children surged, prompting the federal government to escalate its efforts to expand family detention indefinitely, undermining protections for children in federal custody.
After being placed in foster care, the father’s attempts to reunite with his daughter hit roadblocks, as government sources cited unavailability for necessary fingerprinting appointments.
Disturbingly, during her time in a foster care facility in Harlingen, Texas, the girl disclosed incidents of sexual abuse by an older child, as indicated in court documents. Parents noticed signs of distress when the child’s underwear was found on backward. Eventually, she confided in her caregiver about being abused repeatedly, leading to severe injury. Officials from the federal Office of Refugee Resettlement (ORR) informed the father of an “accident” and stated that his daughter would receive medical tests.
“I demanded to know what happened. I am her father; I deserve to understand the situation,” he recounted. However, he was met with silence as investigators continued their inquiries.
Changes in Release Policies Under Trump Administration
The girl and her mother had illegally crossed the border near El Paso last September. Following charges against the mother for making false statements, the toddler was placed into ORR care, which oversees immigrant children in shelters and foster homes. The processes for releasing children from ORR custody have become increasingly stringent under the Trump administration, stalling reunification efforts.
The revised rules necessitate that sponsors submit extensive documentation, adding pressure on families. In some cases, unaccompanied minors are transferred to shelters before Immigration and Customs Enforcement intervenes to detain certain sponsors during the release process.
Legal advocates have launched lawsuits contesting these policy changes, fearing that they will result in extended detentions for children. The average length of detention for children in ORR custody skyrocketed from 37 days at the start of the Trump administration to nearly 200 days by February of this year. During the same timeframe, the total number of children in ORR custody decreased by approximately 50%.
To expedite the release of children to their families, lawyers are now resorting to habeas petitions, which serve as emergency legal remedies. Fisher-Flores, legal director of the American Bar Association’s ProBar Project, revealed that their organization has filed eight habeas petitions in the current year alone, representing children who have been detained for an average of 225 days — a first in the organization’s history.
Delayed Disclosure of Alleged Abuse
The father’s attempts to regain custody of his daughter faced further setbacks. After months of delays, his legal team sent a letter to the government in February, requesting authorization for fingerprinting, a home visit, and a DNA test. Yet ORR delayed once again, leaving the father in uncertainty regarding his daughter’s release timeline.
Ultimately, after lawyers submitted a habeas petition, ORR released the girl to her father just two days later. It was only during preparations for this case that he learned the “accident” referred to an allegation of sexual abuse against his daughter.
“We are increasingly reliant on federal courts to address these harmful violations of children’s rights and to facilitate their release,” remarked Fisher-Flores. The fingerprinting policy has faced challenges from advocates under laws like the National Youth Center Act, coinciding with ongoing lawsuits against changes impacting the custody of immigrant children.
“This situation exemplifies yet another form of family separation,” commented Neha Desai, managing director of Child Rights and Dignity at the National Youth Law Center. “Congress created protections rooted in a fundamental belief that children should swiftly and safely return to their families. This administration has repeatedly failed in its obligation to honor these legal requirements, jeopardizing the health and welfare of vulnerable children.”
When the father was finally able to embrace his daughter, tears of joy were shed. However, after five months of separation, he noticed significant changes in her behavior, including nightmares and unexpected irritability — reactions she had never displayed before. The two now reside with the girl’s grandparents in Chicago as they navigate the complexities of immigration court proceedings.
