ICE Detains Army Sergeant's Wife Despite Legal Protections

US Immigration and Customs Enforcement (ICE) released Deisy Rivera Ortega, the wife of active-duty Army Sgt. First Class Jose Serrano, after detaining her during an immigration appointment in El Paso, Texas on April 14. According to multiple reports, she had been held at a detention facility despite having legal protections that prevent her deportation to her native El Salvador.

Rivera Ortega entered the US in 2016 and applied for asylum. In December 2019, an immigration judge granted her protection under the Convention Against Torture, which prohibits her deportation to El Salvador due to potential harm. However, she was also ordered deported simultaneously, with that deportation deferred.

Serrano expressed relief after learning of his wife's impending release. 'I'm really happy, sir,' he told CBS News. He noted that Rivera Ortega had an active work permit and followed all immigration rules since her arrival.

The Department of Homeland Security (DHS) stated that Rivera Ortega is a 'criminal illegal alien' due to her conviction for illegally entering the US, a federal misdemeanor. DHS plans to deport her to Mexico under a process known as 'third-country removal,' despite Serrano stating they have no ties to Mexico.

This incident marks at least the second case this month where ICE detained the spouse of an active-duty military member. Earlier in April, Annie Ramos, the wife of Army Sgt. Matthew Blank, was temporarily detained before being released. These cases highlight the Trump administration's expanded deportation policies affecting family members of US service personnel.

However, according to CBS News, Rivera Ortega is not going to be released from federal custody after all. Her attorney, Matthew James Kozik, stated that the family is heartbroken and preparing a court challenge to block her deportation. Kozik said they spoke with Rivera Ortega earlier Wednesday and she was 'elated' that immigration officials had told her she'd be released by the end of the day from an ICE detention center in El Paso. However, he said DHS/ICE officials then informed him she would not be released into the U.S. but would be deported to Mexico.

The BBC reported on similar cases affecting mixed-status families across the US. Janie Pérez, an American citizen, moved to Mexico with her two young daughters after her husband, Alejandro Pérez, was detained and deported by ICE in October 2024. The couple had been together since 2019 when they met at a café where he worked as a cook and she as a waitress.

Alejandro entered the US unlawfully with his father when he was seven years old, but returned to Mexico before coming back without authorization in his teens. He lived in the US for about 16 years before being deported. The couple consulted lawyers to try to get him legal status through marriage, but their efforts were unsuccessful.

Despite DHS claiming its priority is removing 'the worst of the worst illegal aliens with criminal records,' recent data shows that under 38% of deportees have been charged or convicted of a crime. Many deported individuals entered the US without authorization but have clean records, similar to Alejandro Pérez and Deisy Rivera Ortega.

The BBC also highlighted the challenges faced by mixed-status couples who choose to relocate together rather than face potential separation through deportation. Raegan Klein and Alfredo Linares voluntarily moved from the US to Puerto Vallarta, Mexico after building careers in the US. They now face difficulties adapting to life in Mexico while trying to establish a new business.