She was told to gather her belongings. Immigration officials said she would be released. Her legal team received the information. She was elated. Then the government changed its mind.
An attorney representing the wife of an active-duty US Army sergeant said she was told Wednesday she would be released from immigration detention after more than a week in custody — but instead, she is facing deportation to Mexico.
Deisy Fidelina Rivera Ortega was taken into custody on April 14 in El Paso while attending a routine immigration interview related to a “Parole in Place” application — a program specifically designed to allow undocumented family members of US military personnel to remain in the country legally. She is married to Sgt. 1st Class Jose Serrano, a US Army sergeant stationed at Fort Bliss who has been deployed to Afghanistan three times.
On Wednesday afternoon, her legal team said they received information that Rivera Ortega would be released. “Deisy was elated and informed us that she had been directed by immigration officials to gather her belongings, as she was to be released today,” attorney Matthew Kozik told ABC News.
But after contacting officials with the Department of Homeland Security to verify the details, Kozik said he was told Rivera Ortega would not be released. Instead, she would be deported to Mexico.
“DHS/ICE denied that she was being released back into the United States, but that Ms. Rivera-Ortega was informed that she would be released, but that her release was deported to Mexico,” Kozik added.
The Government’s Version
In response to a request for comment, DHS did not address the attorney’s allegations. Instead, the agency released a statement that tells a very different story.
“On April 14, ICE arrested Deisy Fidelina Rivera-Ortega, a criminal illegal alien from El Salvador. She was previously convicted for illegal entry — a federal offense. Rivera-Ortega entered the U.S. in 2016 near Rio Grande Valley, Texas, and was released on bond. She received full due process, and an immigration judge issued her a final order of removal on December 12, 2019. Work authorization does not confer any legal status to be in the country. Rivera-Ortega remains in ICE custody pending removal.”
The government’s framing is deliberate. “Criminal illegal alien.” “Final order of removal.” “No legal status.” The language is designed to justify deportation. But the attorney’s documents suggest a more complicated reality.
The Other Side of the Story
Rivera Ortega currently works for IHG Army Hotels at Fort Bliss. She has a valid work permit through 2030. She was previously granted withholding of removal from her home country, El Salvador, according to documents reviewed by ABC News.
She is not a woman who has been hiding from authorities. She has been working, living, and attending immigration interviews. She has been married to a US Army sergeant who has served his country in Afghanistan three times.
Kozik told ABC News his client is entitled to a credible fear interview — a screening conducted by a federal officer for individuals who express fear of deportation to certain countries. He also filed a habeas petition last week asking a judge to order Rivera Ortega’s release. “We are preparing a writ of mandamus to file with the 5th Circuit, requiring the court to take action,” he said.
The legal battle is just beginning. But for Rivera Ortega, the emotional toll is already unbearable.
The Soldier’s Nightmare
Sgt. 1st Class Jose Serrano has been deployed to Afghanistan three times. He has served his country. He has seen combat. He has been seeing a doctor for post-traumatic stress disorder. He told ABC News he had been stable — until his wife was detained last week.
“I can’t sleep even with the medication, I can’t even read,” he told ABC News. “It’s super painful and stressful to not be able to do anything.”
Serrano has maintained that he and his wife have been “doing everything by the book.” “She goes to work or to church,” he said. “That’s the life of my wife, Daisy.”
The government’s statement says she is a “criminal illegal alien.” Her husband says she is a woman who goes to work and to church. Both cannot be true. But the government has the power to decide which version matters.
The Parole in Place Program
The “Parole in Place” program was created specifically to prevent situations like this. It allows undocumented family members of US military personnel to remain in the country legally. The logic is simple: Americans who serve their country should not have to worry that their spouses will be deported.
Rivera Ortega was attending a routine interview related to that program when she was taken into custody. She was told she would be released. Then she was told she would be deported.
The government says she has a final removal order from 2019. Her attorney says she is entitled to a credible fear interview. Her husband says he is falling apart.
The Bottom Line
Deisy Fidelina Rivera Ortega, the wife of an active-duty US Army sergeant, was told by immigration officials that she would be released from detention on Wednesday. Her attorney says she was elated and began gathering her belongings. Hours later, the government informed her legal team that she would not be released — she would be deported to Mexico instead.
The Department of Homeland Security describes Rivera Ortega as a “criminal illegal alien” with a final removal order from 2019. Her attorney says she has a valid work permit through 2030, was granted withholding of removal from El Salvador, and is entitled to a credible fear interview. Her husband, Sgt. 1st Class Jose Serrano, a three-time Afghanistan deployer who is being treated for PTSD, says he cannot sleep and cannot read since his wife was detained.
