 cannot deport Catalina “Xochitl” Santiago without proof that her legal status was revoked, according to reporting by The Texas Tribune.){kind=link}
An immigration judge has ruled that U.S. Immigration and Customs Enforcement (ICE) cannot deport Catalina “Xochitl” Santiago without proof that her legal status was revoked.
Santiago, a 28-year-old DACA recipient from Mexico, has been held at the El Paso Service Processing Center since August after Border Patrol agents stopped her at El Paso International Airport.
Detention Sparks Nationwide Protests
Santiago’s detention ignited demonstrations in El Paso, Phoenix, Chicago, and Boston, where she previously worked with immigrant rights groups.
“Our family and community have suffered every single day since she was taken,” her spouse Desiree Miller said. “Now that the judge threw out her case, she should not spend another night in detention.”
ICE Plans to Appeal
Despite the ruling, ICE lawyers plan to appeal and will keep Santiago in custody, her attorney Norma Islas told The Texas Tribune. A federal hearing is scheduled for Sept. 23 before U.S. District Judge Kathleen Cardone, who has ordered that Santiago not be transferred out of El Paso while the case continues.
Background and Legal Battle
Santiago, born in Oaxaca and a member of the Zapotec Indigenous community, has lived in the United States since age 8 and renewed her DACA status six times. Federal courts have preserved DACA protections for current recipients, but the Trump administration has sought to dismantle the program. Homeland Security officials argue that DACA does not guarantee immunity from deportation and cited a 2020 Arizona arrest that prosecutors later declined to pursue.
Supporters Push for Release
Miller said she speaks to Santiago daily by phone and emphasized that her wife remains strong and informed about the detention process. “There’s no reason for them to keep holding her in there,” Miller told The Texas Tribune. “There was no reason for them to detain her in the first place.”
Next Steps
Santiago’s legal team is asking the federal court to order her release while ICE appeals. Judge Cardone noted in her order that constitutional protections apply to everyone within the United States and warned that deporting Santiago now could mean she “may never be able to return.”
For more on this story, stay tuned to Que Onda Magazine.