AUSTIN, Texas — Two sisters in Austin are fighting to get their mother back into the United States.
Zara Flores and Jacqueline Rainey say their father passed away this month. Their mother, who was deported two years ago, can't get back to bury her husband.
The sisters say their mother, Lucila Martinez, has tried four separate times before and after their father's death to get humanitarian parole, a system that allows non-citizens into the U.S. for a specific amount of time. That temporary allowance is something her daughters and federal lawmakers say Martinez has every right to.
The sisters say they come from a tight-knit family.
"Until my mom was deported, it was just all of us hanging out the whole time," Flores said.
Martinez married Californian John Rainey in the early 2000s, but she didn't start the process to become a U.S. citizen right away. When asked about their response to what some people may see as a way for their mother to regain entry, the sister's say, their family tried to gain citizenship for their mother legally before.
"They started the process of her getting citizenship ... 2015, 2016," Flores said. "They did everything right at the time."
Martinez was deported to Mexico in 2021. Less than two weeks ago, tragedy hit the family again.
"My dad has struggled with alcoholism, mental health issues, depression, anxiety for a really long time," Flores said.
The sisters say their father had been sober for five years, but after his wife's deportation, his recovery slipped.
On Dec. 9, he passed away suddenly. Their mother was denied entry to come back to bury her husband.
"We really wish you could be here with us," Jacqueline Rainey said. "Not only just for us, but for her, too."
Valicia Trowbridge has represented Martinez since her deportation. Even before John Rainey's death, Trowbridge said they made multiple attempts to request humanitarian parole for Martinez, to help her husband with his health – a provision that could qualify someone for that parole under federal eligibility guidelines.
"You know, they told us someone has to be dead or dying," Jacqueline Rainey said. "And once someone was dead, they still won't let her in."
On Dec. 14, U.S. Citizenship and Immigration Services sent a denial letter saying the family hadn't provided enough evidence to justify Martinez's reentry, prompting federal lawmakers to get involved. Congressman Greg Casar says this isn't a case of deception and believes the family has tried to go about it the right way.
"It's just wrong and sad," Congressman Greg Casar (D-Texas) said. "And you can really see it and feel it in a case like this one. People should be able to have humanitarian parole cross over the border just for a few days for a funeral or for a cremation."
The Austin-area congressman said he'll get to work to deal with a flawed system. Meanwhile, the sisters say this denial is only adding to their grief.
"He's gone now," Flores said. "And I ... I wish I could have done more, but now I'm doing everything that I can so that my mom can at least say goodbye to him one last time."
Humanitarian parole can be granted for anywhere from 30 days to three years. The sisters said they would take any amount of time to have their mom back for the funeral.
Federal data from the first quarter of the 2023 fiscal year shows that USCIS received about 295,000 applications for parole. About half of them were approved.