A Portland-area mother and her four U.S.-born children have been detained by federal immigration officials for two weeks, an apparent violation of federal policy that limits how long people can be detained.
Kenia Jackeline Merlos, her 9-year-old triplets and 7-year-old son have been detained since June 28. Merlos, her kids and her mother had traveled to Peace Arch State Park, near the U.S.-Canada Border, when U.S. Customs and Border Protection agents took them into custody.
Her husband was also detained days later and is currently being held at the U.S. Immigration and Customs Enforcement processing center in Tacoma, Washington.
U.S. Rep. Maxine Dexter confirmed the presence of Merlos and her children at a detention center near Ferndale, Washington, by visiting the facility Thursday. The congresswoman said she was unable to speak with the family but did enter the facility and see them.
Family friend Mimi Lettunich, who is also a godparent to the youngest child, said Merlos managed to text her shortly after they landed in custody. The text, she said, read “Mimi, I’ve been detained.”
“I’ve known them about 20 years,” Lettunich said. “They’re wonderful people.”
Customs and Border Protection rules say detained people should be in custody for a maximum of 72 hours. But detentions have dragged on far longer in some cases.
In May, OPB first reported that a pregnant mother, her partner and four children had been detained at a facility in Blaine, Washington, for more than three weeks.
Some details aren’t immediately clear about how Merlos and her family landed in detention.
Jill Nedved, an immigration attorney representing the family, said she believed Merlos had been traveling with her mother to visit her sister, who lives in Canada. Merlos’s mother had a legitimate travel visa, the attorney said.
Nedved said she she has not been able to speak to Merlos but is able to communicate with her husband in Tacoma.
“It is absurd that she has four U.S. citizen children with her, has an attorney and has no access to legal counsel,” Dexter said. “Her husband, who is detained, does have access to counsel. And yet we cannot connect the two of them to make sure that they understand the situation each other is in.”
OPB confirmed that Carlos Merlos is currently being held at the Tacoma facility. Merlos’ mother was also detained, though it wasn’t immediately clear where she is located.
U.S. Customs and Border Protection spokesperson Jason Givens said agents arrested Merlos for “attempting to smuggle illegal aliens into the U.S. on June 28.” Givens said the children “were present during the smuggling attempt and she requested the children remain with her during detention.”
Merlos has not been charged with a crime, Nedved said. She said federal immigration authorities have not provided any court documents. She criticized the agency statement about why Merlos was arrested.
“We haven’t been able to speak to (Merlos),” Nedved said. “So to assert that and not be charging her seems discordant to me.”
Dexter, who held a press conference Friday near the facility, said the CBP staff present were treating the family “graciously.” The family had access to a refrigerator and another room. Dexter said they are the only detainees currently at the facility.
Dexter, instead, aimed her criticisms at the Trump administration’s deportation plans.
“Trump said he would go after the ‘worst of the worst.’ Instead, his immigration machine is abducting Oregonians without cause — including four U.S. citizen children in my district,” Dexter said.
Troy Brynelson is a reporter with OPB. This story comes to you from the Northwest News Network, a collaboration between public media organizations in Oregon and Washington.
