‘ICE is out of control’: US soldier says wife detained by federal agent

Sgt. First Class Jose Serrano, 51, has served in the Army for nearly three decades, including deployments to Afghanistan. He said his wife, Deisy Rivera Ortega, was arrested by Immigration and Customs Enforcement (ICE) on April 14 at an immigration office in El Paso, Texas. The arrest came while she attended an interview tied to her pending immigration case, reported CBS News.

Rivera Ortega has lived in the United States for over ten years. Court records show she received protection in 2019 under an international treaty that prevents her deportation to her home country, El Salvador. Despite this, federal officials said she entered the country without authorization and may be deported to a third country such as Mexico.

Serrano said the arrest left him confused and distressed. “I don’t really understand why, because she followed the rules of immigration by the T since day one,” he said. He added that his wife had a valid work permit at the time of her detention.

Why was she detained?

Rivera Ortega had been granted protection under the Convention Against Torture, a United Nations agreement that blocks deportation to countries where a person could face harm. This protection allowed her to stay in the US and work legally, reported CBS News. However, it did not cancel her deportation order. It only delayed it.

The Department of Homeland Security said she was ordered deported in December 2019 after due process. Officials also described her as a “criminal illegal alien,” citing a misdemeanor conviction for unlawful entry into the United States.

Legal experts say such protections are limited. They do not provide a path to citizenship. They also allow authorities to remove individuals to countries other than their homeland.

Serrano said he had applied for a program called Parole in Place on behalf of his wife last year. This program can protect undocumented spouses of military members from deportation and may help them apply for permanent residency. He said the case remains pending.

“They said we cannot send her to El Salvador, but we are going to send her to Mexico,” Serrano told CBS. 

What US soldier said

Serrano said the situation has taken a toll on his health. He has a history of traumatic brain injury, post-traumatic stress disorder, and depression. Since his wife’s detention, he said he sleeps only two hours a night.

“I love the Army. The Army helped me out for almost 28 years. It’s not the Army, sir. It’s ICE,” he said. “ICE is out of control right now, sir, taking away rights, as soldiers, that we have.”

He also said military rules limit his ability to travel to Mexico. If his wife is deported there, visiting her could put his career at risk.

Records show Rivera Ortega worked at hotels inside Fort Bliss. She also carried a military ID identifying her as the spouse of an active-duty soldier, reported CBS News.

Her attorney, Matthew Kozik, filed a habeas corpus petition in federal court. He argued that her detention is unlawful. “What is going on is absurd,” he said.

Advocates for military families say such cases are becoming more common. In the past, immigration authorities often avoided detaining close relatives of service members unless there were serious safety concerns. Recent policy changes have expanded who can be detained and deported.

Danitza James, a military veteran and leader of a support group for deported service members, warned about the broader impact. “When the promise to protect those who serve is delayed, military readiness suffers,” she said. “A force cannot be mission-ready when its families are left in limbo.”

Rivera Ortega remains in ICE custody in El Paso as her legal battle continues.