Catalina “Xóchitl” Santiago’s case in El Paso has been pushed back again, with the immigration court now setting her next hearing for September 10, 2025. Santiago, a 28-year-old Mexican national and DACA recipient, remains in ICE custody at the El Paso Service Processing Center while her attorneys fight to end the case, arguing she’s being held on the basis of unfiled criminal allegations. Her detention has become a lightning rod for national debate and a rallying point for local groups who say the system is sidelining due process for people with lawful presence.
At her first appearance in late August, her attorney, Norma Islas, asked the judge to dismiss the case. The motion challenges the lawfulness of her arrest and detention after U.S. Border Patrol officers detained Santiago on August 3, 2025 at El Paso International Airport, where she was set to board a domestic flight for work with the nonprofit La Mujer Obrera. The Department of Homeland Security requested time to respond, and the judge issued a 10-day deadline and rescheduled the proceeding for September 10, 2025. Santiago’s DACA remains valid until April 29, 2026.

ICE has pointed to two drug-related offenses from 2020 in Arizona to justify continued detention. But Santiago’s lawyer and the Graham County Justice Court say that although she was arrested at that time, no charges were ever filed and the matter has not been reopened. ICE, for its part, maintains that enforcement actions can be based on criminal records even if prosecutors did not bring formal charges.
Case status and court actions
The core procedural steps so far are straightforward, though their impact is heavy:
- Santiago was detained at the airport, questioned about her DACA documents, and transferred to ICE custody.
- She was served with a Notice to Appear—the charging document in removal cases—formally opening a case in immigration court. The government uses Form I-862 for this notice, available on the official site: Form I-862, Notice to Appear.
- At her initial hearing, her legal team filed a motion to dismiss; DHS asked for more time.
- The judge set a 10-day deadline for the government’s response and moved the hearing to September 10, 2025.
- Because of current policy, Santiago cannot seek a bond hearing and must stay in detention until her case is resolved.
Her supporters describe the detention as punishing a DACA holder who has lived openly under a program the government itself vetted. They note the lack of criminal convictions and say the case rests on paperwork and accusations that went nowhere. Family and community members have organized regular vigils outside the facility. National groups, including the National Network for Immigrant and Refugee Rights, have joined local advocates in El Paso, calling for her release and warning that DACA recipients face new risks even when their status is valid.
“Using stale, unfiled allegations to hold a DACA recipient undermines the program’s purpose,” supporters say, urging protection for mixed-status families who have complied with every renewal step.
Policy shifts reshaping detention in Texas
This case is unfolding amid the heaviest immigration court backlog on record. Mid-2025 estimates placed the national queue above 3.4–4 million pending matters, and Texas—El Paso in particular—carries some of the highest caseloads. Fewer judges and sharper enforcement mean longer waits and higher stakes for people in detention.
Key policy changes and impacts:
- As of July 2025, bond hearings have been eliminated for people held in ICE custody.
- This change means detainees like Santiago remain locked up while their cases move forward—often for months or years—without any chance to ask a judge for release on conditions.
- More than 100 immigration judges have been fired or resigned since January, thinning already stretched dockets and slowing decisions.
- In high-volume courts, judges are dismissing cases in groups—a practice that legal advocates say can push people into expedited removal without full review.
Legal advocates argue these changes raise serious due process concerns, especially for those with lawful presence or relief options. The administration says the steps are necessary to reduce the backlog and meet enforcement goals, even if they mean fewer individual hearings.
Human impact and legal representation
The human effect appears clearly in detention centers:
- Nearly 44% of those in immigration detention are fighting their case without a lawyer.
- About 75% of people ordered removed in the past year had no legal counsel.
- By contrast, Santiago is represented, which could be decisive in a process where rules and deadlines are strict and fast-moving.
Analysis by VisaVerge.com notes that represented detainees are far more likely to identify eligibility for relief and to meet court requirements on time, even under difficult policies.
DACA, legal arguments, and broader implications
Santiago’s supporters emphasize that her DACA status is central. Deferred Action for Childhood Arrivals:
- Gives temporary protection from removal and work authorization to certain individuals brought to the U.S. as children.
- Is not a path to permanent status, but is binding government action during its validity.
Advocates argue that using old, unfiled allegations to detain a DACA recipient undermines the program and chills trust among families who complied with every renewal step.
For the El Paso immigration court, the next hearing will likely focus on the dismissal motion and any government response. Possible case pathways:
- If the judge denies the motion, the case could move to pleadings on removability and potential relief.
- If the judge grants the motion, ICE could appeal, or the agency could issue new charges.
- Without bond hearings, Santiago would likely remain detained through any appeal unless DHS exercises its authority to release her.
System-wide consequences and community response
Lawyers and legal aid groups in Texas report more DACA recipients and people with other lawful documents being flagged at airports and checkpoints—sometimes for old arrests that never led to charges. They warn that detainers and custody decisions now land faster and stick longer.
Consequences for families and communities:
- Detention separates spouses and children and cuts household income.
- It complicates gathering documents needed for court.
- Community organizations in El Paso are stepping in with translation help, document drives, fundraisers for commissary and phone calls, and other supports.
Practical tips for those served with a Notice to Appear:
- Keep a copy of the Notice and verify the A-number matches all filings.
- Make sure address updates are sent immediately to avoid missing court—failures to appear can lead to automatic removal orders.
- Check dates via the EOIR automated system, hearing notices sent by mail, or through your lawyer.
What to expect next
What happens on September 10, 2025 will set the tone for this case and may echo through other DACA matters now surfacing in detention. The hearing is expected to draw advocates and local leaders who’ve already made Santiago a symbol of how fast policy shifts can reshape lives in El Paso.
For now, her path runs through a crowded docket, a locked facility, and a system trying to move faster by giving fewer people their day in court.
This Article in a Nutshell
Catalina Santiago, a 28-year-old Mexican national and DACA recipient, was detained by Border Patrol at El Paso International Airport on August 3, 2025, and transferred to ICE custody. Her attorneys filed a motion to dismiss at the initial immigration hearing, contending her detention rests on unfiled 2020 drug-related allegations from Arizona. ICE cites those incidents to justify continued detention, though local court records say no charges were filed. The judge granted DHS ten days to respond and rescheduled the next hearing for September 10, 2025. With DACA valid until April 29, 2026, Santiago cannot seek a bond hearing due to mid-2025 policy changes eliminating bond for many detainees. The case highlights broader policy shifts—court backlog, elimination of bond hearings, and staffing losses—that limit due process for detainees and increase uncertainty for DACA recipients. Community groups and national advocates call for her release, while legal pathways include dismissal, denial, or appeal; without bond hearings, Santiago likely remains detained during any appeals.