Sgt. First Class Jose Serrano says ICE detained his wife, Deisy Rivera Ortega, during a scheduled immigration appointment in El Paso on April 14 despite her having a work permit and protection under the U.N. Convention Against Torture. DHS says Rivera Ortega was ordered deported in 2019 and has a misdemeanor conviction for illegal entry; she remains in ICE custody and could be deported to a third country. Serrano had filed a Parole in Place application on her behalf and his attorney has filed a habeas petition challenging the detention.
Army Sergeant Says ICE Detained His Wife During El Paso Immigration Appointment — Family Seeks Emergency Relief
U.S. Army Sgt. First Class Jose Serrano and his wife, Deisy Rivera Ortega, in an undated photo. / Credit: CBS News
Sgt. First Class Jose Serrano, an active-duty U.S. Army soldier with 27 years of service including deployments to Afghanistan, says his wife was arrested by Immigration and Customs Enforcement (ICE) during a scheduled immigration appointment in El Paso on April 14.
What Happened
Serrano, 51, told CBS News that his wife, Deisy Rivera Ortega, whom he married in 2022, has lived in the United States since 2016 and had an active work permit when she was taken into custody. ICE's online detainee tracking system listed Rivera Ortega at the agency's El Paso processing center.
Sgt. Serrano: 'I don't really understand why, because she followed the rules of immigration by the T since day one.' He added, 'ICE is out of control right now, sir, taking away rights, as soldiers, that we have.'
Legal Status And Why This Is Complex
Government records reviewed by CBS News show that in December 2019 an immigration judge granted Rivera Ortega protection under the United Nations Convention Against Torture (CAT), which bars removal to El Salvador. However, the Department of Homeland Security (DHS) told CBS News that Rivera Ortega was ordered deported on Dec. 12, 2019, and that she has a federal misdemeanor conviction for illegal entry. DHS said she remains in ICE custody pending removal and indicated she could be deported to a third country such as Mexico.
An application for Parole in Place (PIP), a form of relief intended to protect spouses and parents of military members and enable adjustment to permanent residency, was reportedly submitted by Serrano last year and was pending at the time of Rivera Ortega's arrest. Rivera Ortega had been summoned to the El Paso office for an interview related to that PIP application.
Family, Military, And Health Consequences
Serrano said he informed immigration officials of his military service before the appointment but received no explanation after the arrest. He said the detention has exacerbated his existing health challenges — he has previously been treated for a traumatic brain injury, PTSD and depression — and that he has been sleeping only a few hours a night since the incident.
Serrano also noted a practical and career-related hurdle: if Rivera Ortega were sent to Mexico, he may be unable to visit her without risking his military career because service members face restrictions on travel to Mexico.
Legal Response And Policy Context
Attorney Matthew Kozik, representing Serrano and Rivera Ortega, filed a habeas petition in federal court arguing that Rivera Ortega's detention is unlawful. Kozik, a former Army judge advocate, described the detention as 'absurd' given Rivera Ortega's pending PIP application and CAT protection.
Advocates and military-family groups say detentions of spouses and parents of U.S. service members have become more frequent after the second Trump administration rescinded certain Biden-era limits on ICE enforcement and broadened arrest and removal priorities. While CAT protection prevents removal to the beneficiary's home country, it does not confer citizenship or necessarily prevent removal to third countries.
What To Watch For
The immediate questions include whether the habeas petition will secure Rivera Ortega's release, whether ICE will move to remove her to a third country, and how officials will treat pending Parole in Place requests in similar cases. The case is also drawing attention from military advocacy groups concerned about the impact of immigration enforcement on readiness and family stability.
Current Status: Rivera Ortega remains in ICE custody at the El Paso processing center pending legal proceedings.
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