Marine's Father Deported After Visiting Pregnant Daughter at U.S. Base — Was His Removal Legal?

A U.S. Marine's father has been deported to Mexico while his mother remains in immigration custody after both were detained by federal agents during a visit to their pregnant daughter at Camp Pendleton in Southern California.

The incident has sparked outrage and confusion over why a military family with pending green card applications was targeted by immigration authorities.

The Family's Routine Visit Turns Tragic

On September 28, Esteban Rios and his wife Luisa Rodriguez, long-time residents of Oceanside, California, drove to Camp Pendleton to pick up their daughter Ashley, who is expecting her first child, and her Marine husband for breakfast. It was a family routine they had followed almost every weekend for several months.

As the couple approached the base gate, U.S. Immigration and Customs Enforcement (ICE) agents appeared and detained them.

According to their son, U.S. Marine Steve Rios, both parents were taken to downtown San Diego, questioned for several hours, and later released with ankle monitors and instructions to report for an ICE check-in later that week.

When the family complied, the situation took a heartbreaking turn. Steve accompanied his parents to the appointment, where they waited for hours before being told they would be detained again.

Esteban, dressed in a red shirt and white hat printed with the words 'Proud Dad of a U.S. Marine,' had chosen his outfit deliberately to show pride in his son's service.

'He said, this is my lucky shirt, we'll be fine,' Steve recalled. But that optimism did not last. ICE agents led both parents away, and by the next morning, Esteban had been deported to Mexico.

No Criminal Record and Pending Green Card

The Rios family says Esteban and Luisa have lived in the United States for more than 30 years, working long hours cleaning homes and washing cars to provide for their children. Both hold work authorisations and have active green card applications sponsored by Steve, who said he joined the Marines to honour their sacrifices.

'It was just making them proud,' he told reporters. 'I've seen the struggles they've gone through, so serving this country was the least I could do.'

Neither Esteban nor Luisa has a criminal history, a fact confirmed by the family and repeated in several reports. That has left many questioning what legal justification ICE used to deport him.

In a statement to NBC 7, an ICE spokesperson said that 'all aliens in violation of U.S. immigration law may be subject to arrest, detention and, if found removable by final order, removal from the United States, regardless of nationality.'

However, ICE has not clarified whether Esteban had a final removal order on record, a key detail that would determine whether his deportation was legally enforceable. Immigration attorneys note that individuals with pending applications and no prior deportation order are typically considered low-priority cases.

A Shift in Immigration Enforcement

Advocates say the case reflects a broader shift in enforcement priorities. Under earlier guidelines, close relatives of active-duty service members were often granted discretion from deportation. Those protections have weakened in recent years, leaving even military families at risk.

Legal analysts say the Rios case highlights how those changes are affecting families who once fell under humanitarian exemptions that no longer exist.

Family in Limbo

As of this week, Luisa Rodriguez remains in ICE custody, believed to be held at the Otay Mesa Detention Center near San Diego. Her family is working with immigration attorneys to challenge her detention and seek a stay of removal.

Ashley, who is due to give birth soon, says she is heartbroken that her father will miss the arrival of his first grandchild. 'It's hard,' she said through tears. 'I always imagined my mom in the delivery room and my dad waiting outside. Now, I don't know if that will happen.'

The Rios family's ordeal has drawn widespread public sympathy and renewed calls for reform. For Marine Steve Rios, the question remains painfully simple: 'My dad believed in this country. He wore that hat with pride. I just want my mom home.'