According to the complaint, at least three facility guards and staff have removed "female detainees from their cells late in the late evening and early morning hours for the purpose of engaging in sexual acts in various parts of the facility; calling detainees their 'novias,' or 'girlfriends' and requesting sexual favors from female detainees in exchange for money, promises of assistance with their pending immigration cases, and shelter when and if the women are released; and kissing, fondling and/or groping female detainees in front of other detainees, including children." The groups say the offenses are a clear abuse of the detained's rights under the Due Process Clause of the Fifth Amendment, and a violation of the Prison Rape Elimination Act (PREA), which institutes a zero-tolerance policy for sexual assault and rape in certain federally-operated facilities.
Detainees reported the abuses to Karnes personnel, but so far, no significant action has been taken to stop the harassment. "These women and children have fled horrific conditions in their home countries, including sexual violence and extortion," Marisa Bono, staff attorney with MALDEF, said. "Guards using their respective positions of power to abuse vulnerable, traumatized women all over again is not only despicable, it's against the law." Bono said the allegations prove the federal government should "not be in the business of detaining families."
The complaint comes just a week after a second complaint against Karnes was filed by many of the same organizations. That complaint detailed disproportionate disciplinary tactics and limited food, health, and mental health services. Barbara Hines, Co-Director of the University of Texas Immigration Clinic, said called these new allegations "particularly disturbing" in light of ICE's refusal to release some mothers and children on bond, even when they've met the threshold for an asylum claim.
"It is clear from both the alleged and continuing conduct and the failure to respond to reports of abuse that either there is no prevention plan in place for the Karnes Center, or the Karnes Center policy is not being properly implemented, overseen, or enforced," the complaint reads. "DHS simply cannot continue to detain vulnerable individuals whom they are unable or unwilling to protect."