Claims filed by a few dozen families claiming border separations and trauma in detention already top $200 million. With more than 3,000 separated families, taxpayers could be on the hook for billions.
SANTA ANA, California — This story is part of an ongoing joint investigation between The Associated Press and the PBS series FRONTLINE on the treatment of migrant children, which includes an upcoming film.After local Guatemalan officials burned down an environmental activist’s home, he decided to leave his village behind and flee to the United States, hoping he’d be granted asylum and his little boy, whose heart was failing, would receive lifesaving medical care.
The father and son are among dozens of families — separated at the border as part of the Trump administration’s zero tolerance policy — who are now preparing to sue the federal government, including several who say their young children were sexually, physically or emotionally abused in federally funded foster care.
“It’s the tip of the iceberg,” said Erik Walsh, an attorney at Arnold & Porter, which has one of the world’s leading pro bono programs. In a statement, Health and Human Services — the agency responsible for the care of migrant children — said it does not respond to pending litigation and that it serves children in a compassionate and organized manner through its Office of Refugee Resettlement.
The legal claims, a recent federal court filing and Health and Human Services documents released by Congress earlier this year allege that children have suffered serious emotional trauma after being physically harmed or fondled by other children while in foster care. “Child protection is our number one priority. If a concern is raised about child safety in a foster home, it is investigated immediately. Our staff are all mandated reporters,” the group said in the statement. “Children are removed from a foster home immediately when an allegation is raised and if necessary, a foster home would be suspended until cleared following a thorough investigation.”
“Now she’s scared each time we go out or when she sees a police car or someone in uniform,” said the mother, who has filed a $6 million claim. “She says ‘Mami, don’t let them separate us again.’” “Essentially what this policy does, is it makes examples out of families that get ripped apart to deter others,” said John Escamilla, who is representing the man’s wife and two children. He said he plans to file a federal lawsuit stemming from his FTCA claim as soon as Friday. “The people making these policies intended this level of suffering, and that’s what’s unconscionable.”
“Our case is a benchmark,” Mehta said. “The most important takeaway is these claims are viable, and courts will entertain them, and the Department of Homeland Security views them as meritorious; they don’t settle cases unless they think there’s liability they’re exposed to.”
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