Catalina “Xochitl” Santiago, an immigration activist and DACA recipient, has spent over 50 days in immigration detention in El Paso, Texas. Despite being in the United States legally, according to Santiago’s attorneys, the Trump administration is arguing that it can hold her indefinitely in a not-so-subtle attempt to run out the clock until her status expires and deport her.
Immigration experts warn that the administration’s tactics could be used as a backdoor to expel those in the Deferred Action for Childhood Arrivals, or DACA, program, which offers temporary protection from deportation to some formerly undocumented immigrants who came to the United States as children.
On August 3, U.S. Customs and Border Protection agents detained Santiago, 28, at the airport while she was attempting to catch a flight to Austin. Nearly two months later, she’s still being held in an immigration processing facility in El Paso.
“She’s holding on,” said her brother Jose, who wanted to be identified by his first name only in case of retaliation from Immigration and Customs Enforcement officials. “[But] it’s been over a month, so that takes a toll.”
However, in statements to other media outlets, DHS cited a past arrest for narcotics and trespassing as a reason to keep Santiago detained. However, she was never pursued for that arrest due to “insufficient information.”
On Tuesday, federal Judge Kathleen Cardone extended a restraining order blocking the Trump administration from deporting or removing Santiago to a different facility. However, she did not rule on her release.
A separate judge already terminated the immigration case against Santiago in early September, ruling that she cannot be deported because she has legal status through DACA.
Despite an immigration judge dismissing Santiago’s case, the Trump administration has refused to release her. “They’re arguing, even though they can’t support it, that they can detain her indefinitely,” said Bridget Pranzatelli, an attorney with the National Immigration Project, who has worked on Santiago’s case.
More troubling still, the 28-year-old community organizer is set to renew her DACA status in 2026. Pranzatelli raised concerns that she won’t be able to renew if she’s still in government custody, putting her status at risk.
“If they keep her in detention until her renewal period comes up and she is unable to renew,” Pranzatelli said, “then they will have de facto terminated her DACA status without going through the processes that are required by the regulations.”
