Supporters press for El Pasoan’s release as deportation ends in victory

(EL PASO, TEXAS, UNITED STATES) Catalina “Xochitl” Santiago, a 28-year-old DACA recipient and community activist from El Paso, won a major legal break this week when an immigration judge ended her deportation case. Yet she remains in federal custody at the El Paso ICE Processing Center as officials consider an appeal. The judge’s ruling issued on Monday, September 8, 2025, gives federal prosecutors 30 days to challenge the decision. ICE says it plans to keep Santiago detained during that appeal window.

Judge’s termination order and the 30-day window

Immigration Judge Michael Pleters terminated Santiago’s removal proceedings after finding she should not have been detained or placed in deportation in the first place. The court record shows a federal judge also issued a temporary restraining order that bars ICE from deporting or transferring her out of the Western District of Texas while the case gets further review.

Santiago’s next immigration hearing is set for later in September.

The case began on August 3, 2025, when U.S. Customs and Border Protection detained Santiago at El Paso International Airport just before she boarded a flight to Dallas for work. Government lawyers pointed to a supposed criminal history to justify the arrest.

Local officials later confirmed that no charges were filed after a 2021 arrest in Arizona because of insufficient evidence. That clarification undercuts the government’s claim that she posed a criminal risk. The Graham County Attorney’s office in Arizona confirmed the dropped charges, directly challenging the Department of Homeland Security’s description of her record.

Santiago has held DACA since 2012. Deferred Action for Childhood Arrivals protects certain people brought to the United States as children from deportation and provides work authorization, but it does not give legal status or a path to citizenship. Official policy information about DACA is available on the U.S. Citizenship and Immigration Services DACA page.

Key legal posture:
– Judge terminated removal proceedings on Sept. 8, 2025.
– Federal restraining order prevents deportation/transfer outside the Western District of Texas while under review.
– 30-day appeal clock begins Sept. 8, 2025; ICE intends to keep Santiago detained during that period.

Community pressure and government position

Supporters have rallied outside the detention center in El Paso for days, calling for Santiago’s release. Local activists say her case reflects a wider pattern of DACA recipients being swept into detention even when they have no active criminal cases.

Immigration attorneys such as Norma Islas and Christopher Benoit describe the situation as part of a broader practice that needs stronger court oversight so due process rights are respected.

Santiago’s legal team also filed a habeas corpus petition in federal court. They argue:
– Her arrest was unlawful.
– The government broke the promise, made when DACA began in 2012, that people who follow program rules would not face deportation.
– Her detention violates the Constitution and requests immediate release.

The Department of Homeland Security counters that DACA recipients are not immune from arrest or deportation, especially when criminal activity is alleged. DHS spokesperson Tricia McLaughlin said Santiago’s detention was lawful based on those allegations.

McLaughlin also pointed to ongoing enforcement efforts that range from detention to voluntary returns, including a recent offer of $1,000 and free flights for people who choose to self-deport through the CBP Home App. That position remains under scrutiny after Arizona officials confirmed the lack of filed charges in Santiago’s 2021 case.

According to analysis by VisaVerge.com, the clash is not just about one DACA holder. It is about who gets to make the final call—immigration officers who make fast custody decisions, or judges who weigh the law and facts in open court. The outcome matters to thousands of mixed-status families in border cities like El Paso.

Supporters emphasize the human toll:
– Family visitation is difficult while Santiago is detained.
– Her work and community roles are on hold.
– Time in custody can trigger job loss, missed rent, and emotional stress for children and partners.

These immediate effects follow when detention continues after a judge has already dismissed a deportation case.

What this means for DACA holders and next steps

The judge’s order highlights a basic tension: even after a court ends removal proceedings, ICE can still keep someone in custody during an appeal period. That gap between a courtroom win and actual release keeps people like Santiago in limbo and sets up a legal test over ICE discretion when a judge has already shut down the government’s case.

Important facts to watch in the coming weeks:

1. Appeal deadline:
   • Federal prosecutors have 30 days from September 8, 2025 to file an appeal.
2. Custody status:
   • ICE says it will keep Santiago detained during that window, citing enforcement priorities.
3. Court protection:
   • A federal restraining order blocks deportation or transfer outside the Western District of Texas pending further review.
4. Next hearing:
   • A late-September hearing will shape custody, bond, or release conditions.

For DACA recipients living and working in border regions like El Paso, the case underscores program limits:
– DACA provides temporary protection from deportation and work authorization that must be renewed.
– DACA does not erase past arrests or stop immigration agents from questioning a person at an airport or checkpoint.
– When local prosecutors drop charges, as in Santiago’s case, that should carry weight in later custody decisions.

Advocacy groups expect more litigation aimed at tightening rules on when and how ICE can detain DACA recipients. They continue to push for Congress to create a permanent legal path. Without legislation, program holders face:
– Shifting agency policies
– Uneven local enforcement
– The risk that a routine airport trip could end in detention

If prosecutors appeal, the case could reach higher courts and influence policies beyond El Paso. A higher court review could address questions such as:
– When can ICE hold someone after a judge ends the case?
– How should older, dropped arrests factor into custody choices?
– What due process limits apply when the person holds active DACA?

Practical advice for DACA holders and families

Santiago’s legal team says the government’s conduct broke due process and violated DACA’s basic promise: follow the rules and you won’t face deportation. DHS maintains enforcement must continue when agents believe threats exist.

Practical steps for people in similar situations:
– Keep DACA valid and renew on time.
– Carry proof of active status when traveling (DACA approval notices, EAD/work permits).
– Speak with a qualified immigration attorney before travel, especially by air or near border checkpoints.
– Families should gather and keep copies of:
– DACA approval notices
– Work permits (EAD)
– Records showing dropped charges or case dismissals

While no single document guarantees release, a complete file helps lawyers push back quickly if a stop turns into detention.

Where the case stands now

Santiago’s case now rests on two clocks:
– The 30-day appeal window that could extend the detention fight.
– The late-September hearing that could speed release.

Either outcome will echo beyond one detention cell. It will signal how immigration agencies and courts balance power when deportation is on the line and how much protection DACA offers people who call El Paso home.