U.S. immigration authorities detained Deisy Rivera Ortega, wife of an active-duty Army sergeant, on April 14 in El Paso, Texas, despite a standing legal order protecting her from deportation. The arrest, the second such incident involving a military spouse this month, challenges established protections for families of service members, according to attorney Matthew James Kozik. Her husband described feeling 'anxious and distraught' after the encounter, the BBC reported.
The morning of April 14 began as a routine appointment for Sergeant First Class Jose Serrano and his wife, Deisy Rivera Ortega. They arrived at a U.S. Citizenship and Immigration Services (USCIS) office in El Paso, expecting an interview regarding her parole-in-place application.
This program typically allows military family members to remain in the country while their immigration cases proceed. What unfolded instead was a sudden shift in jurisdiction and a swift detention, Serrano recounted to the BBC. Authorities at the meeting flagged an issue with Rivera Ortega's application.
They then led the couple down a hallway. There, Immigration and Customs Enforcement (ICE) agents appeared and detained Rivera Ortega as Serrano watched. "It took me a minute, two minutes to react," Serrano told the BBC. "And then I started to ask, 'what is going on, what happened, where are they taking her?'" It was the last time he saw his wife. She is now held at an El Paso detention facility, according to Department of Homeland Security (DHS) records.
Rivera Ortega, a Salvadoran national, first entered the U.S. in 2016 through the Rio Grande Valley. She applied for asylum shortly after her arrival. Court records provided by her attorney, Matthew James Kozik, show that a judge ordered her removal from the U.S. to El Salvador in December 2019.
However, the same judicial order also granted her withholding of removal under the Convention Against Torture (CAT). This order explicitly prevented her deportation to El Salvador, citing potential physical harm upon return. The withholding of removal also granted her permission to reside in the United States.
This is a crucial detail. Sergeant First Class Jose Serrano, born in Puerto Rico, is a U.S. citizen. He has served nearly 28 years in the U.S.
Army, including deployments to Afghanistan, a fact confirmed by the Army. He and Rivera Ortega married in June 2022 in Westbury, New York, as evidenced by a copy of their marriage certificate. His dedication to service remains firm. "I love the Army," Serrano said to the BBC, even as his wife's situation unfolds.
DHS stated Rivera Ortega is a "criminal illegal alien from El Salvador" convicted of the "federal offense" of illegally entering the U.S. This characterization, however, contrasts with the legal protection she holds. Attorney Kozik described her arrest as "arbitrary and capricious." He argued that she was following the prescribed legal process.
The math does not add up when a person with a valid legal protection is detained under these circumstances. The detention of Rivera Ortega marks at least the second instance this month where ICE has held the wife of an active-duty U.S. soldier. Earlier in April, ICE temporarily detained Annie Ramos, wife of Army Staff Sergeant Matthew Blank, for five days.
Ramos, an undocumented immigrant from Honduras, was brought to the U.S. These incidents suggest a pattern. They raise questions about the consistent application of immigration policies, particularly concerning military families.
The parole-in-place program, under which Rivera Ortega sought status, offers a pathway for certain non-citizen family members of U.S. military personnel to apply for lawful permanent residence without leaving the country. It acknowledges the unique sacrifices made by service members. The program has historically provided a measure of stability for military families.
Its application here appears to be in conflict with the detention. Under the current administration, the Department of Homeland Security has advanced policies that include deporting individuals to countries other than their place of origin. This process is known as "third-country" removals.
Kozik and Serrano indicated that ICE plans to deport Rivera Ortega to Mexico. This move directly challenges the withholding of removal order, which specifically protects her from deportation to El Salvador due to torture concerns. Deporting her to Mexico would circumvent that specific judicial protection.
Here is what they are not telling you: The legal order protects her from removal to El Salvador, not necessarily from removal to any other country. This distinction allows for the third-country removal strategy, effectively bypassing the spirit of the CAT protection. The Convention Against Torture, a United Nations treaty ratified by the U.S., prohibits states from returning individuals to a country where there are substantial grounds for believing they would be in danger of torture.
A grant of withholding of removal under CAT is a robust form of protection. Its circumvention through a "third-country" removal strategy sets a troubling precedent. It could erode the very protections intended for vulnerable individuals.
Follow the leverage, not the rhetoric. The rhetoric speaks of national security and border integrity. The leverage, however, appears to be the administration's broader immigration enforcement agenda, which now extends to families of those serving in uniform.
This creates a difficult situation for service members who rely on the stability of their families. "I'm searching on the internet how I can help my wife," Serrano said. "If not, I'm walking in the house back and forth. Or jumping in my car and just driving for four hours." His anguish is palpable. It underscores the human cost.
This situation carries significant implications for military morale and retention. military relies on a complex social contract with its personnel, one that often extends to their families. Undermining this trust could make recruitment harder. It could also encourage early departures from service.
The legal community watches closely. The arbitrary nature of these detentions, particularly when legal protections are in place, suggests a hardening of enforcement. It indicates a narrower interpretation of existing laws. - The detention of Deisy Rivera Ortega challenges a specific legal order protecting her from deportation to her home country. - ICE plans to deport Rivera Ortega to Mexico, a "third country," despite her U.S. legal protection under the Convention Against Torture for El Salvador. soldier's spouse being detained by immigration authorities. - The case highlights a tension between immigration enforcement priorities and long-standing policies designed to support military families.
The next legal steps for Serrano and Rivera Ortega remain unclear. Attorney Kozik will likely pursue immediate legal challenges to the detention and proposed deportation. These actions could include federal court petitions, aiming to enforce the existing withholding of removal order.
Further detentions of military spouses could also draw increased scrutiny from advocacy groups and lawmakers. The outcome of this specific case will set a precedent. It will signal the future of protections for military families under current immigration policy.
All eyes will be on the courts to see how they interpret these conflicting legal directives.
Key Takeaways
— - The detention of Deisy Rivera Ortega challenges a specific legal order protecting her from deportation to her home country.
— - ICE plans to deport Rivera Ortega to Mexico, a "third country," despite her U.S. legal protection under the Convention Against Torture for El Salvador.
— - This is the second documented instance this month of an active-duty U.S. soldier's spouse being detained by immigration authorities.
— - The case highlights a tension between immigration enforcement priorities and long-standing policies designed to support military families.
Source: BBC News
