The federal government is asking a judge to dismiss a lawsuit filed by a Donna family over an immigration raid that happened at their home, according to federal court records.

The Garcia family sued after U.S. Immigration and Customs Enforcement agents jumped the fence of their home in January and arrested both parents.

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The lawsuit challenges whether agents had permission to enter the property.

The government said the case should be dismissed and argues administrative warrants make the practice legal.

"Plaintiffs' claims should be dismissed for three reasons. First, Plaintiffs cannot bring claims on behalf of noncitizens. Second, plaintiffs lack standing because their injury is speculative," the filing states. "Third, plaintiffs fail to state a claim, because administrative warrants are permissible in the immigration context, and the Supreme Court has recognized the "impressive historical evidence of the validity of statutes providing for administrative deportation arrest from almost the beginning of the nation."

The family's attorney, Raed Gonzalez Olivieri, issued the following statement in response to the dismissal request:

"We are fighting not only for him, but for others that are in the same position. The 14th Amendment Due Process Clause prohibits state governments from depriving any person of life, liberty, or property, without due process of law. The government must follow established rules because it can take someone’s liberty and the freedoms guaranteed by the Constitution of the USA. Stay tuned for our response. We will be filing shortly."

A hearing on the lawsuit was set for Nov. 19.