Federal judge temporarily prevents removal of family detained at Ferndale facility

A federal judge in Seattle has issued an emergency temporary restraining order to prevent the U.S. Customs and Border Protection (CBP) from removing a Portland mother and her four children detained in Ferndale from the Western District of Washington.

Kenia Jackeline (Jackie) Merlos and her four young children were detained when attempting to enter Canada on June 28 with Merlos’ mother, who was visiting from Honduras, Merlos’ country of origin. Three of the children are 9 years old and one is 7, according to U.S. Rep. Rick Larsen.

All four children are U.S. citizens, and Merlos has a valid permit and pending U visa, which would grant her temporary permission to stay in the U.S. because she is a victim of certain qualifying crimes. The U visa was created in 2000 with the passage of the Victims of Trafficking and Violence Protection Act.

There is no final removal order for Merlos, according to the restraining order, and there is no indication that she has been convicted of any crime.

The family’s attorney, Jill Nedved, filed a lawsuit on Monday demanding that the family have access to an attorney before they are removed from the country. Nedved was present at a press conference held by U.S. Rep. Maxine Dexter of Oregon’s 3rd Congressional District outside the CBP facility in Ferndale on Friday.

Dexter said at the press conference that Merlos’ husband was detained by ICE in Portland on July 3.

Twelve members of Congress, including Larsen and Dexter, submitted a letter Sunday to the secretary of the Department of Homeland Security and the CBP commissioner advocating for the same thing.

They also requested that the secretary and commissioner respond to questions about the detention of the family and their inability to access legal counsel.

In her response to Nedved’s petition, a judge for the U.S. Western District of Washington Court wrote that it was “unclear” why Melos has been “serially re-located” and denied access to an attorney.

Merlos supposedly accepted a voluntary return to her country of origin, according to the restraining order, but her attorney “expressed doubt” that it was signed and whether it “was in fact voluntary.”

A hearing has been scheduled for Friday afternoon, and CBP has until Thursday to respond to the motion.

“The Merlos family is a valuable part of our community,” the members of Congress wrote in their letter. “Friends of the family have described them as kind, hardworking, small business owners, who are devoted to their church congregation and neighbors. We demand their access to counsel and will continue to advocate for them to be able to stay home in the Pacific Northwest.”