The family of a deported father of a U.S. Marine – detained with his wife while trying to visit their pregnant daughter on Camp Pendleton – said Friday they believe his removal may have been a case of mistaken identity, alleging federal agents have confused him for his eldest son.

Esteban Rios and his wife Luisa Rodriguez, along with their son Steve Rios, who’s a Marine, were trying to visit Camp Pendleton on Sept. 28 to see their pregnant daughter, who’s also married to a Marine.

They’ve done that every week for months, but this time, the Oceanside couple was stopped, and U.S. Immigration and Customs Enforcement agents arrived to detain them. They were taken downtown and later released with ankle monitors, Steve said, told to check in with the agency on Oct. 9. When they went to their check-in, agents led them away once more, as Esteban wore a shirt that read “Proud Dad of a U.S. Marine.”

Esteban was deported to Tijuana the following day, and Luisa is being held at the Otay Mesa Detention Center, their family said, adding that the couple had been in the U.S. for more than 30 years, with pending applications for legal status and work authorization as they wait.

From Tijuana, Esteban said in Spanish on Thursday that he asked to see an immigration judge while detained, and an agent told him no and that he had the discretion to deport him.

“It’s sad, right?” Esteban said in Spanish about his removal juxtaposed with his son Steve’s service. “He’s giving his life for the country he loves, and they’re not giving me the opportunity to stay.”

The case attracted national attention, which prompted the Department of Homeland Security to post on social media Thursday, “Esteban Rios was charged with DOMESTIC VIOLENCE and AGGRAVATED ASSAULT WITH A DEADLY WEAPON in 2020. In 2005, Rios was ordered removed from the U.S.”

“Under President Trump and Sec. Noem, if you break the law, you will face the consequences,” the post continued. “Criminal illegal aliens are not welcome in the U.S.”

A search of San Diego County court records for Esteban’s name showed no criminal charges. His family said they were initially confused but learned Friday that Esteban’s previously estranged older son Estevan Rios, spelled with a V, faced those charges in 2020.

When reached by phone Friday, Estevan said he pled guilty to those exact charges in 2020, which was corroborated by an online search of San Diego County court records. He said when he saw DHS’ post, it really upset him.

“My dad has been a great role model,” Estevan said, adding that his father never broke the law and always tried to help him straighten up and follow the rules.

Of DHS’ allegations, Estevan said, “They’re a government agency. They should know better.”

The couple’s children said their parents were taken into custody by ICE while trying to visit their pregnant daughter — she is married to a Marine — at Camp Pendleton, reports NBC 7’s Shelby Bremer.

Last week, ICE originally gave a generic statement on the couple’s detentions, saying, “As part of its routine operations, ICE arrests aliens who commit crimes and other individuals who have violated our nation’s immigration laws.”

The agency did not respond to multiple inquiries Thursday or Friday about their allegations, or requests for comment on the Rios family’s claims.

Esteban conceded that he has been deported before but said he has a waiver as his visa application proceeds. He said, in Spanish, when he learned he would be deported, he was nervous, desperate and frustrated, adding that it’s been difficult for his children, too — particularly his son Steve.

“One of his goals, his dream, was to be a Marine, to defend his country and to help us, too,” Esteban said in Spanish. “He said, ‘Dad, you guys work so hard. If I join the Marines, I can serve my country, and I want to help you one day become legal, so we can vacation in Mexico and enjoy everything we’ve built and be together.’”

Now, Esteban said his main concern is making sure his wife will be able to be there for the birth of their daughter’s first child.

“Her dream is to see her grandson – our grandson – be born,” Esteban said in Spanish.

“We hope that God performs a miracle and that someday we can return legally and be with everyone again,” he added.