The wife of a U.S. Army sergeant was being held Tuesday at an immigration detention center in El Paso, Texas, as the Trump administration rolled back a policy that had weighed military family ties in some immigration cases.
Jose Serrano, an active-duty soldier who served three tours in Afghanistan, said immigration agents arrested his wife, Deisy Rivera Ortega, on April 14 when they went to an immigration services appointment tied to her effort to obtain permanent residency.
“A person opened the door, escorted us through the hallway, and at the end of the hallway, my wife got arrested,” Serrano said. “Arrested without any order, any warrant … They took away my wife. They don’t tell me anything.”
Rivera Ortega, a native of El Salvador, challenged her detention in U.S. District Court and asked for an order blocking her deportation to Mexico, where she does not have ties and where visits by active-duty U.S. troops are restricted.
Her attorney, Matthew James Kozik, said she had a valid work permit and had previously been granted a withholding of removal to El Salvador.
The Department of Homeland Security said in an email that Rivera Ortega entered the United States illegally in 2016 and that an immigration judge issued a final order of removal in December 2019.
“Work authorization does not confer any legal status to be in the country. Rivera-Ortega remains in ICE custody pending removal,” the agency said.
The agency did not say whether Rivera Ortega might be deported to Mexico.
Rivera Ortega was being held at the El Paso Service Processing Center, where Serrano said he visited her Sunday and spoke with her through a plastic pane.
She had applied with her husband for consideration under the “parole in place” policy, which had offered some spouses of service members a possible expedited path to permanent residency.
Last April, the Department of Homeland Security ended a 2022 policy that had treated military service by an immediate family member as a “significant mitigating factor” in deciding whether to pursue immigration enforcement. The new policy said that “military service alone does not exempt aliens from the consequences of violating U.S. immigration laws.”