Army Sergeant’s Wife Facing Unexpected Deportation

Deisy Fidelina Rivera Ortega, the wife of a U.S. Army sergeant, is now facing imminent deportation to Mexico, despite previously being informed she would be released from immigration detention. This development has sparked concerns regarding the treatment of military families and the application of U.S. immigration laws.

Initial Detention and ‘Parole in Place’ Application

Rivera Ortega was initially detained on April 14th in El Paso, Texas, during a routine interview concerning her application for ‘Parole in Place.’ This program provides a pathway to legal residency for undocumented family members of U.S. military personnel. It is designed to support service members and maintain family unity.

Reversal and Deportation Order

Her attorney, Matthew Kozik, reported receiving assurances on Wednesday that Rivera Ortega would be released and was instructed to prepare her belongings. However, the Department of Homeland Security (DHS) subsequently informed Kozik that she would be deported to Mexico instead of released within the United States.

DHS Characterization and Legal Dispute

The DHS/Immigration and Customs Enforcement (ICE) characterized Rivera Ortega as a ‘criminal illegal alien’ from El Salvador, citing a 2016 conviction for illegal entry. ICE maintains she received due process and that a final order of removal was issued in December 2019. They also stated her work authorization, valid through 2030, does not confer legal status.

Attorney’s Counterarguments

Kozik disputes this characterization, stating Rivera Ortega was previously granted withholding of removal from El Salvador due to safety concerns. He argues she is entitled to a credible fear interview to assess potential persecution if returned to El Salvador.

Legal Challenges and Ongoing Efforts

Kozik has filed a habeas petition requesting Rivera Ortega’s release and is preparing a writ of mandamus for submission to the 5th Circuit Court of Appeals, seeking judicial intervention. These actions highlight the complexities and potential injustices within the immigration system.

Impact on Military Family and Veteran Advocacy

The situation underscores the vulnerability of undocumented family members of military personnel. Sergeant 1st Class Jose Serrano, Rivera Ortega’s husband and a decorated U.S. Army veteran with three deployments to Afghanistan, has expressed profound distress. He described the situation as “super painful and stressful,” stating it has impacted his ability to sleep and concentrate, even with medication for post-traumatic stress disorder (PTSD).

Serrano emphasized that he and his wife were diligently following all legal procedures, believing they were “doing everything by the book.” The case has drawn criticism from veteran advocacy groups and legal experts, who argue that deporting the wife of a serving soldier is unjust and detrimental to military morale.