Can the Wife of a US Soldier Be Deported? Deisy Rivera Ortega Faces Deportation Despite Work Permit

ICE detained the wife of an Army sergeant during an immigration appointment despite her holding a valid work permit.

Deisy Rivera Ortega was detained on 14 April during a routine 'Parole in Place' interview in El Paso, Texas, a programme intended to regularise undocumented family members of military personnel. She is currently held at the El Paso Service Processing Centre.

'At the end of the hallway, my wife was apprehended ... they put handcuffs on and took her away,' her husband, Sergeant Jose Serrano, told ABC. 'No information was given, even when questions were raised about what was happening.'

Rivera Ortega works for IHG Army Hotels at Fort Bliss and holds a work permit valid until 2030. She was granted withholding of removal from El Salvador in 2019, according to ABC.

Deisy Rivera Ortega Detained, Faces Possible Deportation

'She is entitled to contest those third-party designations ... she has the right to challenge any termination,' said Matthew Kozik, the couple's attorney. 'There is no clarity, which has led to action in federal court to halt this.'

Authorities have threatened to deport her to Mexico, a country with which the couple has no ties. Serrano said travel there would likely be impossible while serving on active duty.

'In the Army, travel to Mexico is highly restricted,' Kozik confirmed. 'He could not even visit his wife.' The situation has taken a toll on Serrano, who has struggled with his mental health since her detention last week.

Couple Appeal for Grace in Due Process

'I can't sleep even with the medication, I can't even read,' he said. 'It's super painful and stressful to not be able to do anything.' He added that all legal requirements had been followed to ensure his wife remained in the United States.

'I don't really understand why, because she followed the rules of immigration by the T since day one,' he said in an interview with CBS News. 'I love the army. [The] army helped me out for almost 28 years. It's not the army, sir. It's ICE. ICE is out of control right now, sir, taking away rights, as soldiers, that we have.' Serrano, 51, has served in the Army for 27 years, including three deployments to Afghanistan.

Can the Wife of a US Soldier Be Deported?

Rivera Ortega's case reflects the grey areas of immigration enforcement, with critics arguing that the law should be applied with greater consideration. Marriage alone does not protect the partners of military personnel from deportation, though authorities assess several factors before acting.

Richards and Jurusik immigration lawyers outline grounds for deportation, including entry without inspection, visa overstay, or criminal or fraudulent conduct. Serrano and Rivera Ortega maintain that all legal pathways have been followed from the outset.

Federal agents from ICE carried out the apprehension during what was expected to be a routine immigration appointment. The incident illustrates how strict policies apply even to spouses of active-duty military personnel.

Earlier this month, ICE detained Annie Ramos, the wife of US Army staff sergeant Matthew Blank, while the couple were processing her green card and military benefits at Fort Polk, Louisiana. Ramos applied for protection under Deferred Action for Childhood Arrivals, but the application has remained pending since 2020.

The Department of Homeland Security recently overturned a 2022 policy that granted special consideration to immediate family members of military personnel. 'Military service alone does not exempt individuals from the consequences of violating US immigration laws,' the update stated.