As Xavier Becerra gains momentum in California’s governor race, renewed attention on migrant child labor and oversight failures during his time leading HHS is reshaping the political debate. The controversy could resonate strongly with Latino voters concerned about immigration, child safety, and government accountability.
Xavier Becerra launched his campaign for governor of California quietly. At first, there was little public interest, limited fundraising, and almost no buzz in political circles. Within months, however, Becerra, one of two Latino candidates in the race, began climbing in the polls. Donations increased and so did the controversies.
One of the biggest issues damaging his campaign is the migrant child crisis that unfolded while Becerra served as a senior official in the administration of former President Joe Biden.
Becerra has faced accusations of negligence, mistreatment, and failures to protect migrant children from abuse and human rights violations. The candidate has denied the allegations, but the controversy and growing scrutiny could seriously damage his chances of winning the statewide election.
Here are the key questions and facts surrounding the crisis.
During the early years of the Biden administration, thousands of migrant children crossed the border alone and ended up working in some of the most dangerous jobs in the country. Children as young as 13 suffered chemical burns during overnight factory shifts, lost limbs in industrial accidents, or fell to their deaths while working on rooftops.
Opponents of Xavier Becerra, now the Democratic front-runner, have sharply criticized his tenure as Secretary of Health and Human Services, the federal agency responsible for placing migrant children in safe homes.
In recent weeks, political campaigns have spent more than $6 million on English and Spanish language advertisements highlighting the issue.
One ad claims that “more than 85,000 migrant children went missing” under Becerra’s leadership. Another alleges that children suffered forced labor, trafficking, and abuse during his time in office.
Becerra has dismissed the accusations as “Trump lies.”
Did Children Disappear Under Becerra’s Watch?
During debates, Becerra has repeatedly faced questions about the 85,000 migrant children who allegedly went “missing” while he led the Department of Health and Human Services.
The children did not literally disappear. However, investigations revealed major failures in how the agency vetted sponsors and monitored children after release.
HHS is responsible for migrant children when they first enter the country. Caseworkers care for them in government shelters, screen the adults seeking custody, and conduct follow up calls after placement.
As record numbers of children crossed the border early in the Biden administration, Becerra reportedly pressured staff to move children out of shelters more quickly because facilities had become overcrowded and makeshift.
Employees later said protections that had existed for years were weakened, including sponsor screening procedures. The department denied those claims and insisted child safety was never compromised.
During this period, HHS failed to reach roughly one third of released children during follow up calls, totaling about 85,000 minors.
Some of those children later ended up working dangerous jobs. Others simply changed phone numbers, ignored unknown calls, or feared they were in trouble. In many cases, HHS only attempted to contact them once.
What Happened to the Migrant Children?
In 2021 and 2022, migrant children arrived in the United States in record numbers, many coming from impoverished communities in Central America.
Most were not reunited with parents. Instead, they lived with sponsors who often encouraged, pressured, or forced them to work.
Thousands ended up in illegal and dangerous jobs for minors, including slaughterhouses, lumber mills, roofing crews, and factories.
The failures extended beyond HHS.
Labor Department inspectors struggled to enforce child labor laws. Schools often failed to report students working excessive hours in prohibited jobs. Major corporations ignored obvious signs that underage workers were employed in their supply chains.
Inside HHS, many employees reportedly grew frustrated with Becerra’s leadership. Staff members repeatedly warned senior officials that migrant children appeared vulnerable to exploitation and abuse.
Former employees later said they were frustrated that political debates focused only on the claim that 85,000 children went “missing.” Their larger concern, they said, was that the government rapidly released approximately 250,000 children and then did little to monitor what happened afterward.
Did Children Die?
Some children died after being released to sponsors. Others suffered catastrophic injuries.
Among the cases documented:
Andrés Toma, 16, died after falling from a roof three months after being sent to live with his uncle.
Antoni Padilla, 15, lost the ability to speak after suffering a severe fall while working a roofing job.
Marcos Cux, released by HHS at age 13, was working in a chicken processing plant when machinery tore open his arm, leaving it permanently damaged.
It remains unclear whether these children ever received follow up calls from HHS or whether additional intervention could have changed the outcome.
Many children and parents later said they had no idea how dangerous or relentless the work would become.
These minors were often living adult lives, helping pay rent, repaying debts, and working overnight shifts before attending school, if they attended school at all.
Critics argue these were exactly the types of situations HHS was supposed to identify and prevent.
What Does Becerra Say Now?
Earlier this week, Becerra pointed to former President Donald Trump’s family separation policy, which was carried out by the Department of Homeland Security rather than HHS, arguing that his administration handled migrant children more responsibly.
However, Becerra also insisted he could not be held accountable for what happened to children after they left federal custody.
“What employers did after they left our care, after they left our jurisdiction, where the exploitation of children may have occurred, was not on my watch,” Becerra said.
“While those kids were with us, they didn’t get exploited. While those kids were with us, they were cared for, and we’re very proud of what we did.”
Federal law requires HHS to ensure migrant children are released only to adults capable of protecting them from trafficking and exploitation.
Unlike the foster care system, however, HHS is not required to monitor children until adulthood.
Under Becerra’s leadership, the department typically released children, conducted a follow up call, and then closed their cases.
What Happened After the Investigation?
Following reporting by The New York Times, the White House moved quickly to address many of the problems.
The administration strengthened sponsor screening procedures and created better systems for children to report abuse or request help.
HHS overhauled its follow up process, sending caseworkers to visit sponsors’ homes and expanding post release services and legal assistance for migrant children.
The Labor Department also intensified enforcement efforts against employers violating child labor laws.
According to reports, President Joe Biden personally ordered aides to take immediate action after the investigation became public.
Becerra was repeatedly called before Congress and questioned by both Republicans and Democrats.
But then, as now, he maintained that what happened to migrant children after leaving HHS custody was not his responsibility.
