Army sergeant seeks to delay retirement to fight wife's deportation

El Paso, Texas – An active-duty U.S. Army soldier and Afghanistan war veteran said he still worries his newly freed wife could be deported to a country where she has no ties, putting his decades-long military career at risk.

Sgt. 1st Class Jose Serrano, who deployed to Afghanistan three times, is seeking to delay his planned retirement after 27 years in the military. He wants to cover legal fees for his wife's immigration case and prepare in case she is deported.

"My wife can be deported at any moment," Serrano told CBS News during an interview with his wife, Deisy Rivera Ortega.

Rivera Ortega, a native of El Salvador, was detained by U.S. Immigration and Customs Enforcement in mid-April during an immigration appointment in El Paso. The Department of Homeland Security said the arrest stemmed from a 2019 deportation order and her illegal entry to the U.S. more than a decade ago.

After a month in detention, Rivera Ortega was released last week. The release followed a CBS News report on her arrest and a personal call from Illinois Democratic Sen. Tammy Duckworth to DHS Secretary Markwayne Mullin.

"I felt very happy," Rivera Ortega told CBS News in Spanish. She said she "could not believe" she was getting released.

Serrano said his heart "started pounding super fast" when he learned his wife would be freed.

Before her release, ICE fitted Rivera Ortega with an ankle monitor to track her movements and directed her to check in regularly at a local agency office. She is also subject to home visits by ICE personnel and cannot leave El Paso without the agency's permission. In a statement, DHS said Rivera Ortega will receive "full due process."

Rivera Ortega said wearing the ankle monitor is uncomfortable but worth it.

"What's important is that I'm here, thanks to God, who has given me an opportunity," she said. "We have to follow the rules."

Serrano echoed his wife's sentiment.

"My wife is at home, that's more important for me," he said.

The couple knows the fight over Rivera Ortega's ability to stay in the U.S. legally is far from over.

In 2019, an immigration judge granted Rivera Ortega protection under the United Nations Convention Against Torture that prevents the U.S. from sending her back to El Salvador. Those protections allow for deportation to a third country.

Serrano said his wife was told while in ICE custody that she faced deportation to Mexico, where she has no relatives or ties. He said such a move would be especially disruptive because U.S. service members face restrictions on traveling to certain parts of Mexico.

"She don't have anybody in Mexico, nobody in Mexico. Plus to be in the military, you're not allowed to go to Juarez," he said, referring to the Mexican border city neighboring El Paso.

John B. Moore, the lawyer overseeing Rivera Ortega's case, said he is exploring legal avenues for her to obtain permanent U.S. residency through a green card based on her marriage to Serrano, an American citizen born in Puerto Rico.

Moore said the government should reopen Rivera Ortega's immigration court case and nullify her deportation order or exercise its discretion to clear a path for her to get a green card.

Moore noted that Rivera Ortega's application for Parole-in-Place, a program for military spouses, was denied recently. That benefit would have forgiven her illegal entry and allowed her to apply for a green card.

"The point is their hands are not tied. They have a choice," Moore said.

Serrano said he still does not understand why his wife was arrested when she was doing "the right thing" by attending an appointment for the Parole-in-Place application.

Asked if the episode has made him question his commitment to the U.S. military, Serrano said "not at all." He said the Army and his superiors have been "super helpful" since his wife was detained.

"I love this country," he said. "And I love my job."