Deisy Rivera Ortega, wife of active-duty U.S. Army Sgt. First Class Jose Serrano, was detained by U.S. Immigration and Customs Enforcement (ICE) on April 14 during an appointment at an immigration office in El Paso, Texas. Ortega has lived in the United States since 2016 and was protected from deportation to El Salvador under the Convention Against Torture, according to court documents reviewed by CBS News.
Sgt. Serrano, a 27-year military veteran who served in Afghanistan, expressed confusion and distress over the detention, stating his wife followed immigration rules and held an active work permit at the time of her arrest. Ortega married Serrano in 2022, and prior to her detention, she was employed at hotels located inside Fort Bliss. ICE’s detainee tracking system confirmed she was being held at the El Paso processing center as of April 19.
The Department of Homeland Security (DHS) confirmed that Ortega had been ordered deported on December 12, 2019, after what it described as “full due process.” DHS also labeled her a “criminal illegal alien,” citing a federal misdemeanor conviction for illegal entry into the U.S. The agency stated she remained in custody pending removal proceedings.
Ortega had applied for Parole in Place, a special immigration program designed to protect spouses and parents of military personnel from deportation and facilitate legal residency. According to Serrano, he submitted the application last year and the case was still pending when Ortega was detained. Government documents indicate she was summoned to the office for an interview related to this application.
Although Ortega has protection against deportation to El Salvador, U.S. authorities have indicated she could be deported to Mexico, a country where she has no known ties. Serrano highlighted the personal hardship this would pose, noting that military personnel face restrictions on travel to Mexico and that such separation impacts his ability to see his wife.
Legal representatives for Ortega have filed a habeas corpus petition challenging the lawfulness of her detention. Attorney Matthew Kozik, a former Army judge advocate, called the situation “absurd” given her protected status and military connection. Veteran advocacy groups have also criticized ICE’s increasing detentions of military family members, warning that these actions undermine the readiness and morale of service members.
Why it matters
This case highlights growing tensions between immigration enforcement practices and protections extended to military families. ICE’s expanded detention policies, initiated during the Trump administration and maintained under current guidelines, have broadened the scope of deportable individuals, including those with pending applications and recognized protections. Detaining spouses of active-duty soldiers raises concerns about the United States’ commitment to safeguarding the families of service members and the operational impact on military personnel.
Background
Parole in Place is a discretionary program that allows undocumented relatives of U.S. military personnel to remain in the country without fear of deportation and potentially adjust to permanent resident status. It does not provide a path to citizenship but is intended to prevent family separation. The Convention Against Torture offers deportation protection to individuals who can prove they face the risk of torture if returned to their home country, yet it does not prevent deportation to a third country.
Historically, ICE has refrained from arresting immediate relatives of U.S. military members without clear national security or public safety justifications. However, immigration enforcement has increasingly targeted this group in recent years, causing distress among service members and their families nationwide.
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