Two migrant children, aged five and seven, who were separated from their parents at the US-Mexico border in Arizona were sexually abused while in US custody, lawsuit claims
The suit claims that Jose was separated from his five-year-old daughter Herlinda and Abel was separated from his seven-year-old son, Obet, in May 2018
Both children allegedly suffered sexual abuse while in a foster home in New York
Obet was placed in a foster home with other children, who climbed into his bed and 'touched his penis, buttocks, and chest,' the lawsuit reads
Meanwhile, a boy allegedly tried to kiss and inappropriately touch Herlinda
The suit says both children now suffer from PTSD, nightmares and other issuses
They have since been reunited with their dads who seek compensatory damages
By Valerie Edwards For Dailymail.com
A lawsuit filed in federal court on Friday has alleged that two children who were separated at the US-Mexico border in Arizona, were sexually abused while in foster care in New York.
According to a 59-page complaint from the Southern Poverty Law Center, fathers Jose and Abel, of Guatemala, were separated from their two children in May 2018.
Abel says in the suit that his son, Obet, was taken from him when he was just seven years old. Jose was separated from his daughter when she was only five.
'Herlinda and Obet were taken away from their fathers and remained separated from them, in the custody of strangers, for more than two months. Both suffered abuse while in US government custody,' the lawsuit says.
A lawsuit filed in federal court on Friday has alleged that two children who were separated at the US-Mexico border in Arizona (file image), were sexually abused while in foster care in New York
Fathers Jose and Abel were separated from their two children in May 2018. Abel says in the suit that his son, Obet, was taken from him when he was seven years old and Jose was separated from his daughter when she was five. Children pictured at the US-Mexico border
Both fathers say in the lawsuit that they were told nothing about the safety of their children and had no way of communicating with them.
Eventually, Abel was able to speak to Obet only once during the 70-day period that they were separated.
And Herlinda spoke to her father about six times during their 71-day separation.
According to the document, both children were flown to New York after being separated from their fathers.
Obet was placed in an institution operated by a government contractor, Cayuga Centers.
The child spent his days at the center and his nights at a foster home 'with several other children'.
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Records from the Office of Refugee Resettlement (ORR) 'reflect that, on various nights, children climbed into Obet's bed and touched his penis, buttocks, and chest,' the lawsuit reads.
'In reality, the sexual abuse went beyond external touching and was much more severe.'
The suit says Obet told the foster parent what happened each time, and the adult told the kids to go back to their beds each time, but the abuse persisted.
Obet then reported the abuse to a counselor, who then reported it to the foster adults and New York police, but the foster parent claimed to have no knowledge of the incidents.
Abel and Obet were eventually reunited and have since resettled in Southern California, where they are pursuing their immigration cases.
When Herlinda was taken away from Jose, she screamed: 'Papi, don't leave me! Don't let me go!'
But US Customs and Border Protection (CBP) led Herlinda and other migrant children away from their parents.
Herlinda was also flown to New York and placed at the Lutheran Social Services of New York, Safe Haven for Children Program. She placed in a foster home where she allegedly received similar abuse as Obet.
'While in ORR custody, Herlinda suffered multiple instances of harm,' the lawsuit reads.
'On or about May 21, Herlinda was watching television at her foster home when a male minor residing at the same home inappropriately touched her chest.'
A second incident took place three days later when the same boy 'attempted to grab Herlinda's face and kiss her'.
'Their teacher separated them and explained to both that the behavior was wrong,' the suit claims.
Herlinda was also allegedly locked alone in a room as 'punishment' and suffered verbal abuse for her foster parent who used offensive words like 'stupid, dumba** or a**hole'.
Eventually, Herlinda was reunited with her father and they currently reside in Massachusetts, where they are pursuing their immigration cases.
Eventually, both children were reunited with their fathers after being separated at the border (file image), but they still suffer from PTSD
Obet suffers from traumatic flashbacks, nightmares, and extreme separation anxiety. Herlinda has nightmares, is quick to anger, and suffers from low self-esteem. This image shows the border in Nogales, Arizona
According to the lawsuit, both children suffer from post-traumatic stress disorder (PTSD).
Obet suffers from traumatic flashbacks, nightmares, and extreme separation anxiety.
Herlinda has nightmares, is quick to anger, and suffers from low self-esteem.
The lawsuit is seeking compensatory damages, but an amount was not disclosed, as well as funds that will cover their legal fees.
This isn't the first lawsuit of its kind against the US, which is being sued for hundreds of millions of dollars by families who say their children were harmed by being held in detention.
Since July 2017, US immigration authorities have separated more than 5,400 children from their parents at the Mexico border, before, during and after a controversial 'zero tolerance' policy was enacted and then ended in the spring of 2018.
Many of the youngsters were left frightened, alone and locked in 'cages'.
On November 5, 2019, a federal judge ordered the government to immediately provide mental health screenings and treatment to immigrant families traumatized by family separations.
Since July 2017, US immigration authorities have separated more than 5,400 children from their parents at the Mexico border. In 2019, President Donald Trump signed a law approving $2.8billion for the government to house, transport and care for migrant children
The judge found attorneys for separated families presented evidence that the government's policy 'caused severe mental trauma to parents and their children' and that US government officials were 'aware of the risks associated with family separation when they implemented it'.
Child trauma expert Ryan Matlow at Stanford University says toxic stress in children is associated with higher rates of depression, anxiety, post-traumatic stress syndrome, heart disease, cancer, and even early death.
'So we want to be a country that inflicts further trauma on individuals who are experiencing intensive adversity and are seeking refuge and help in a neighboring nation?,' asked Matlow, who has met with detained migrant children inside several of the largest migrant detention facilities.
'Are we ok with the implications of doing harm to vulnerable children - to 2 and 3-year-olds and to teenagers as well? Is that something that we can accept?'
In 2019, President Donald Trump signed a law approving $2.8billion for the government to house, transport and care for migrant children.
Nine out of 10 come from Guatemala, Honduras and El Salvador, with fewer than 3 per cent from Mexico.
They're fleeing Central America often to save their own lives, because violence and abuse, even murder, are committed with impunity under corrupt governments the US has supported for decades.
While children have been arriving alone at the US border for more than a decade, the number of children in government custody has grown sharply over the last two years, largely because they have been held for longer time periods.
A few months after Trump took office, the federal agency was caring for about 2,700 children, reuniting them with awaiting relatives or sponsors in about a month.
In June 2019, that number shot up to 13,000, and they stayed in custody for about two months.
Migrant children, aged five and seven, who were separated at the border 'were sexually assaulted'