Wife of US Army sergeant released from federal immigration custody

The wife of a U.S. Army sergeant has been released from federal immigration custody after spending a month in detention.

Sgt. Jose Serrano, an active duty soldier stationed in Texas who served three tours in Afghanistan, previously told The Associated Press that immigration agents arrested his wife, Deisy Rivera Ortega, during an April 14 appointment with immigration services to advance her application for permanent residency.

U.S. Sen. Tammy Duckworth, a Democrat and combat veteran, told the AP that she personally contacted Department of Homeland Security Secretary Markwayne Mullin on Wednesday to advocate for Rivera Ortega’s release after learning of her situation from advocacy groups. Rivera Ortega returned home Thursday evening.

“Rivera-Ortega has been released from ICE custody with a GPS tracking device, mandatory home visits, and ICE office check-ins. She will receive full due process,” said the DHS, which oversees U.S. Immigration and Customs Enforcement.

The family of Rivera Ortega did not immediately respond to a request for comment.

Serrano, who is stationed in the Fort Bliss area, and Rivera Ortega have been married since 2022. According to the DHS, Rivera Ortega entered the U.S. illegally in 2016 and a judge issued a final order of removal for her in December 2019.

Rivera Ortega, an El Salvador native who was employed by two hotels, held a military spouse ID card and a valid work permit, according to Duckworth’s office. She had been applying for the parole-in-place program designed to shield the immediate relatives of military family members from immigration enforcement as they take steps to adjust their legal status.

Last April, DHS eliminated a 2022 policy that considered military service of an immediate family member to be a “significant mitigating factor” in deciding whether or not to pursue immigration enforcement. The administration’s new policy states that “military service alone does not exempt aliens from the consequences of violating U.S. immigration laws.”

Advocates for military families have warned that detaining spouses of active duty soldiers is a national security threat because it prevents soldiers from remaining focused on their military service.

“Our active duty service members, some of whom are deployed themselves, should not have to worry about whether or not their spouse, who oftentimes is the primary caregiver for their children, is going to be detained, and then who’s going to look after the children,” Duckworth told the AP. “Our war fighters need to be talking and thinking and solely focused on the enemy who would do us harm and who would attack the United States, and they should not have to worry about the well-being of their family members back at home.”

According to DHS, more than 100 immediate family members of military veterans have been placed into removal proceedings under the Trump administration’s mass deportation agenda. The administration said it has also placed 34 military veterans in removal proceedings as of Jan. 26.

Following public outcry and intervention from congressional leaders on both sides of the aisle, spouses of veterans and active duty U.S. soldiers have been released from federal immigration custody in some cases.

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Brook is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.