An active-duty U.S. Army soldier, Sgt. 1st Class Jose Serrano, and Afghanistan war veteran, expressed ongoing concern that his wife, Deisy Rivera Ortega, could be deported despite her recent release from U.S. Immigration and Customs Enforcement (ICE) custody.
Rivera Ortega, a native of El Salvador, was detained in mid-April during an immigration appointment in El Paso, Texas, due to a deportation order issued in 2019 linked to her illegal entry into the U.S. over ten years ago. After spending a month in detention, she was released last week following media coverage and advocacy from political figures, including Illinois Senator Tammy Duckworth and White House border official Tom Homan.
Although released, Rivera Ortega must wear an ankle monitor, regularly report to a local ICE office, and undergo home visits by ICE agents. She is restricted from leaving El Paso without ICE’s permission. The Department of Homeland Security (DHS) confirmed she will receive “full due process” during the ongoing immigration proceedings.
Sgt. Serrano, who has served 27 years in the military and was deployed three times to Afghanistan, said his wife could be deported “at any moment” and revealed plans to delay his retirement to cover legal expenses related to her case. He emphasized the strain on their family and military career.
Rivera Ortega previously received protection from deportation to El Salvador under the United Nations Convention Against Torture in 2019. However, this protection comes with a deportation order and leaves open the possibility of removal to another country, such as Mexico, where Rivera Ortega has no family or ties. Serrano highlighted additional complications, noting military restrictions on travel to certain Mexican regions, including Juarez near El Paso.
Her attorney, John B. Moore, is pursuing legal options for Rivera Ortega to obtain permanent U.S. residency based on her marriage to Serrano, a U.S. citizen born in Puerto Rico. He urged immigration authorities to reopen her case, nullify the deportation order, or use discretion to grant her a green card. A recent application for a special immigration benefit known as Parole-in-Place, designed for military spouses, was denied.
Sgt. Serrano criticized ICE’s decision to arrest Rivera Ortega during her immigration appointment, describing it as unjust given she was complying with the process. Despite the difficulties, Serrano affirmed his commitment to the military, praising the support he has received from his superiors.
Why it matters
This case highlights ongoing challenges faced by military families navigating immigration enforcement and the precarious legal status of spouses of service members. The government’s handling of Rivera Ortega’s situation underscores tensions between immigration policies and protections for military families. Her case raises questions about ICE detention practices, deportation risks under humanitarian protections, and the limitations of Parole-in-Place benefits for military spouses.
Background
Deisy Rivera Ortega was ordered deported in 2019 despite being granted protections under the UN Convention Against Torture, which bars removal to El Salvador due to risks of harm but permits deportation to third countries. Parole-in-Place is a program that can grant immigration relief to spouses and parents of U.S. military personnel but is discretionary and was recently denied in Rivera Ortega’s case. ICE detention of legal immigrants attending immigration appointments has drawn criticism amid ongoing immigration enforcement debates.
Sources
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