Portland, OR. — A federal judge has issued an emergency order halting the deportation of an Oregon mother and her four U.S. citizen children, following nearly two weeks of detention by U.S. Immigration and Customs Enforcement (ICE) under what advocates and lawmakers are calling unconstitutional conditions.
According to court documents and public statements, Kenia Jackeline “Jackie” Merlos and her children were detained after attempting to return to the U.S. from Canada following a visit to the Peace Arch border crossing in Washington state. Merlos, an Oregon resident has four children ages 5 to 11, are all U.S. citizens. Her husband was detained later outside their home in Portland.
The family was held in ICE custody without the ability to communicate with family or attorneys for more than a week, in violation of due process protections. The family was reportedly moved multiple times to different facilities in Washington.
After learning of the case, U.S. Representative Maxine Dexter (OR-03), along with Senators Jeff Merkley and Ron Wyden, intervened to secure emergency legal protection for the family. On July 12, the U.S. District Court for the Western District of Washington granted a temporary restraining order (TRO) in Merlos v. Noem, barring federal authorities from deporting the family and requiring access to legal representation.
The court order notes that “it is unclear why Petitioner has been serially re-located and denied contact with Counsel”. The ruling states that the Merlos is not to be moved from the Western District of Washington without order from the court.
Dexter, Wyden, and Merkley released the following joint statement:
“Our constituents, including four U.S. citizen children, were detained without due process by their own government. This case is as urgent as it is egregious. This emergency ruling is a legal lifeline to provide critical protection to the Merlos family.
“We are gratified with this temporary win as a necessary step toward justice. In the coming days, we will be watching with unwavering attention to make certain due process is followed and this family is treated with the dignity every Oregon family deserves.
“This fight is every single Oregonian’s fight. If we allow this—citizen children detention, neighbors disappeared, due process ignored—we surrender not just our country but our conscience. That is an outcome we refuse to accept.”
The Daily Mail reported that the family’s attorney confirmed Merlos is not a citizen but had applied for a special type of visa, which is currently pending.
The case has drawn national attention with immigration and enforcement through deportations being a regular topic as the Trump administration has aggressively pursued their policy agenda.
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