Immigration and Customs Enforcement (ICE) released Deisy Rivera Ortega on May 14, following her monthlong detention at an El Paso, Texas facility. Rivera Ortega is the wife of Sgt. 1st Class Jose Serrano, an active-duty U.S. Army soldier and Afghanistan war veteran.
Rivera Ortega was detained on April 14 during an appointment related to her application for a special immigration program called Parole in Place, which protects military spouses and parents without legal status from deportation. Serrano told CBS News he was overwhelmed with relief upon learning of her release, describing their reunion with a “big hug” and emotional joy after weeks of uncertainty.
ICE held Rivera Ortega based on a deportation order issued in 2019 and cited a federal misdemeanor conviction for illegally entering the United States. However, Serrano explained she had been living in the U.S. legally with a government permit stemming from protection under the United Nations Convention Against Torture, which bars her deportation to El Salvador, her home country.
If approved, Rivera Ortega’s Parole in Place application could allow her to obtain permanent residency through her marriage to Serrano, a U.S. citizen. She was informed during detention that ICE considered deporting her to a third country such as Mexico because her legal protections applied only to removal from El Salvador.
Serrano, who has served 27 years in the military including three deployments to Afghanistan, said his wife’s detention worsened his mental health challenges related to traumatic brain injury, PTSD, and depression.
The case drew attention on Capitol Hill, with Democratic Senator Tammy Duckworth, a combat veteran from Illinois, personally contacting Homeland Security Secretary Markwayne Mullin to advocate for Riverside Ortega’s release. Duckworth called the detention “unnecessary” and emphasized ongoing efforts to protect military families.
White House border official Tom Homan acknowledged the complexity of such cases and said ICE officers have discretion in enforcement decisions, though he maintained that individuals with deportation orders have received due process.
Serrano affirmed his commitment to navigating the immigration process to secure his wife’s lawful status and vowed to comply strictly with all legal requirements going forward.
Why it matters
Rivera Ortega’s detention and release highlight ongoing challenges faced by family members of U.S. military personnel under current immigration enforcement policies. Cases involving military spouses have become more frequent amid stringent ICE actions, underscoring tensions between immigration enforcement and protections intended for those connected to service members.
Background
Parole in Place is a discretionary immigration program that allows certain undocumented family members of U.S. military personnel to remain in the country without fear of deportation and potentially adjust their status. However, enforcement actions against such families have increased during recent administrations, prompting concern among veterans’ advocates and some lawmakers.
The United Nations Convention Against Torture provides refuge from deportation for individuals facing the risk of torture or persecution in their home countries but does not shield them if removed to a third country. This nuance complicated Rivera Ortega’s case while in ICE custody.
Sources
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