I really hope not, all aboard!
NO, it matters not if they are married. They have broken the law if they came to this country illegally. Apparently, he is more than just an illegal immigrant if he is in jail for something else. This person is apparently a convicted criminal as well as an illegal immigrant, I would prefer that he be in a country other than mine.
First off, fix your spelling when asking such an important question. In order to marry someone you need to obtain a marriage licence first, and someone with ilegaly here, with deportation, and on top of that in jail, doesn't sound like someone who qualifies for the licence.