PORTLAND, Ore. (KOIN) – A Portland woman who was detained by immigration authorities — despite a judge dropping proceedings to remove her from the United States — was released from custody and reunited with her family on Monday, Oregon lawmakers announced.

“I’m so grateful to have my freedom today,” said Jackie Merlos. “So many people have been by my side in this long journey. I’m so appreciative. I can’t wait to hug my babies. And then I will get to work for others like me.”

The case surrounds Kenia Jackline “Jackie” Merlos — a Portland mother and business owner originally from Honduras. Merlos first entered the United States in 2003, according to court documents, noting she has no criminal history or arrests in the U.S. or abroad.

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On October 23, Merlos’s attorney filed a petition for habeas corpus — advocating for her release from immigration enforcement custody since her removal proceedings were cleared by a judge.

Merlos’s attorney, Stacey Rogers with SRR Law Group, confirmed to KOIN 6 on Monday that the U.S. Attorney’s Office conferred with Immigration and Customs Enforcement after the petition was filed and agreed to release Merlos.

The case goes back to June 28, 2025, when Merlos (who had pending immigration documents not yet finalized by the federal government), along with her nine-year-old triplets and her seven-year-old son (who are U.S. citizens), traveled from their Portland home to Peace Arch State Park at the U.S.-Canada border. The family was joined by Merlos’ mother, who held a visitor’s visa, according to court documents.

At the park, Merlos and her family were visiting her sister (a permanent resident of Canada), Merlos’ brother-in-law (a Canadian citizen) and their two children.

But as the family gathering came to an end, the Merlos family faced detention at a Washington immigration facility, according to court documents.

“While saying their goodbyes, U.S. Customs and Border Protection officers approached and accused (Merlos) of attempting to smuggle her sister, niece, and nephew into the United States. (Merlos) and all accompanying relatives, including six children taken into custody,” according to the petition.

Court filings from Merlos’s attorney indicate that Merlos and her children were held in CBP custody for two weeks, alleging that “CBP officers repeatedly refused her requests to speak with counsel and sought to remove her and her children to Honduras.”

Following the family’s detainment, Merlos’s case gained attention from Oregon lawmakers, notably, Democratic Congresswoman Maxine Dexter (OR-03), who advocated for Merlos’ release, saying the family was detained “without cause,” and visited the family while they were detained in Washington state.

On July 14, U.S. District Court Judge Tana Lin in Seattle found that the family was “serially re-located and denied access with counsel.” The judge issued an emergency order that halted Merlos’ deportation, prevented CBP from moving the Merlos family from the court’s jurisdiction and allowed the family to access legal counsel, Oregon lawmakers previously announced.

That day, the Merlos children were released from custody and were watched by a family friend, Oregon lawmakers explained. Court documents claim that while the family was detained, CBP detention officers contacted ICE about Merlos’ husband — Carlos Merlos — and ICE detained him at the same facility. On Oct. 2, a judge then reinstated his prior removal order to Honduras — and according to Oregon lawmakers — he was deported.

While Jackie Merlos’ children were released, CBP served her with a Notice to Appear, charging her under the Immigration and Nationality Act as an alien present without admission or parole, and no criminal charges were filed against her, court documents state.

Two days later, Merlos was transferred from CBP custody to Immigration and Customs Enforcement custody at the Northwest ICE Processing Center in Seattle, where Oregon lawmakers said she remained in custody despite her removal proceedings being terminated.

Now, Rodgers and Oregon lawmakers are celebrating her release.

“I can confirm that we filed a habeas petition in federal court last week seeking the immediate release of Kenia Jackeline ‘Jackie’ Merlos from ICE custody, after her deportation case was terminated due to her pending U visa. For context, a U visa is granted to victims of certain crimes who assist law enforcement and allows them to remain in the U.S. legally while their applications are processed,” Rogers told KOIN 6. “We are very grateful for the strong community and congressional support that brought attention to Jackie’s situation. We’ve now been notified that ICE has agreed to release her, and she should be going home today to be reunited with her family.”

Lawmakers react

“Jackie’s freedom is proof that the power of the people is greater than the people in power,” Congresswoman Maxine Dexter (OR-03) said in a statement. “Oregonians refused to be silent, and because of that, Jackie is free and will be home with her children. This is a moment for celebration, but it’s also a painful reminder that justice was long delayed and actively undermined by the federal government. Jackie’s faith, her community, and her resilience got her home—but thousands of others will never see equal justice. That is un-American. Our community cannot let up now; we must keep using our power to protect our neighbors and keep families together.”

“If we allow families to be torn apart and our neighbors to be detained by their government indefinitely without due process, we surrender the values that define our great republic,” said Sen. Jeff Merkley. “I joined my colleagues—Congresswoman Dexter, Senator Wyden, and Congresswoman Bonamici—to demand the release of Jackie Merlos, an innocent mother of four children who was held in ICE custody for over 100 days. Today, thanks to the voices of countless Oregonians and the tireless work of Jackie’s legal team and local organizations, Jackie is going home, though her experience isn’t an anomaly. Trump continues to shred our Constitution, allowing due process to be illegally denied and using ICE to stoke fear and uncertainty in our communities. We must keep ringing the alarm bells on his authoritarianism and fight for the rights of all our friends and neighbors.”

“I’m glad our delegation’s teamwork has succeeded in helping to free this Oregon mom and reunite her with her four U.S. citizen children,” Sen. Ron Wyden said. “Jackie Merlos should never have been cruelly separated from her kids and illegally imprisoned thanks to Donald Trump’s scattershot immigration schemes. I’ll never stop pushing back against this Trump madness so that due process and civil rights are upheld for everyone in America.”

“It is encouraging that Jackie Merlos will finally be reunited with her four young children, but ICE never should have separated this family,” said Congresswoman Suzanne Bonamici (OR-01). “Many families, like Jackie’s, are being ripped apart by an out-of-control federal agency using cruel, violent, and often illegal enforcement tactics. My heart goes out to the entire Merlos family and to all of the families who are continuing to fight to be with their loved ones again. Thank you to my colleague, Rep. Maxine Dexter, for leading on this case with heart and persistence.”

In a statement to KOIN 6 News, a spokesperson for CBP said, “Kenia Jackeline Merlos was arrested by Border Patrol agents in Peace Arch Park attempting to smuggle illegal aliens into the U.S. on June 28. Initially, the children remained with the mother–at her request–in Border Patrol custody.” CBP noted the agency will not comment further on active or pending litigation at this time.

KOIN 6 News has reached out to Immigration and Customs Enforcement, the Department of Homeland Security and the United States Attorney General’s Office. This story will be updated if we receive a response.