PORTLAND, Ore. — A Portland family, including four U.S. citizen children, has been in federal custody since late June after a visit to the Canadian border. Jackie Merlos and her children were detained on June 28, and since then, they have been denied contact with family members and legal counsel.
A federal judge issued a temporary restraining order on Monday, requiring the U.S. Department of Homeland Security (DHS) to keep the family in Washington state while legal proceedings unfold. Merlos does not currently hold U.S. citizenship but has a pending application for a U visa, as stated in court documents.
Merlos was reportedly visiting her Canadian sister at Peace Arch Park when U.S. Customs and Border Protection (CBP) agents detained her. During this encounter, Merlos was accused of attempting to smuggle illegal entrants into the U.S. while having her children present. According to a close friend, she had requested that her children remain with her during the detention process.
In addition to this case, her husband was reportedly detained by U.S. Immigration and Customs Enforcement (ICE) in Portland days later. Congresswoman Maxine Dexter, representing Oregon’s 3rd District, has taken a keen interest in the situation but has faced challenges in obtaining information about Merlos’ whereabouts and access to legal representation. Dexter has voiced concerns that immigration officials have deliberately misinformed her office regarding the family’s location.
The judge’s order on Monday indicated that Dexter communicated to Merlos’ attorney about the family’s detention at an ICE facility in Tukwila, Washington. However, the attorney later discovered that Merlos was in CBP custody in Bellingham, later moved to Ferndale. On July 11, when the attorney visited the Ferndale facility, they were informed that Merlos was on her way to a facility in Seattle, leaving them unable to make direct contact.
U.S. District Judge Tana Lin expressed frustration over the lack of communication from immigration authorities regarding Merlos’ case. The judge granted the petitioner’s motion due to the uncertainty surrounding Merlos’ frequent relocations and lack of access to her legal counsel, ordering DHS to respond to these motions by 9 a.m. on Thursday.
In response to the temporary ruling, Dexter, along with Oregon Senators Ron Wyden and Jeff Merkley, praised the decision as a crucial step in upholding the rights of the Merlos family. They emphasized the urgency and seriousness of the situation, calling it a violation of due process, particularly for the children involved.
“This case is as urgent as it is egregious,” said Dexter in a statement. The lawmakers vowed to closely monitor the situation to ensure the family is treated justly and with the dignity deserving of every family in Oregon.
A hearing related to the case is set for 1 p.m. on Friday, July 18.
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