The arrest of Catalina ‘Xochitl’ Santiago, a beneficiary of the Deferred Action Program for Childhood Arrivals (DACA), by the United States immigration authorities, has lit the alarms on the legal basis with which the administration of President Donald Trump stopped it and seeks deportation.
Santiago was arrested by agents of the Office of Customs and Border Protection (CBP, in English) on August 3 at the International Airport of El Paso (Texas) when the working woman was headed for the non -profit organization.
The immigration authorities based the arrest on which the young woman had been arrested by the Arizona Police in 2020 for allegedly having paraphernalia for drug use.
But in that case, the Graham County Prosecutor never presented the charges and the accusation was dismissed, which allowed the immigrant to conserve Daca’s protection.
Luis Cortés, a defense lawyer from Santiago, said at a press conference that the US government “did not have and does not have legal bases” to stop and deport the immigrant, known for its activism at the border between the US and Mexico.
Santiago is in force by DACA’s amparo until 2026, the benefit granted by former president Barack Obama (2009-2017) that protects eligible immigrants from deportation and gives them a work permit.
In his first government (2017-2021), President Trump looked like a legal battle that reached the Supreme Court to end the protection, but lost in his attempt.
Cortés was part of the legal team that defended the immigration benefit at that time before the Supreme Court, so he knows closely the allegations of the Trump government and his reach, the lawyer said that he and his legal team expect the immigration authorities “to realize that all this was a great mistake” and release Santiago and allow him to retain Daca’s benefit.
However, Cortés warns that “the history” of the Trump administration in recent months is that “he is not willing to admit errors and, on the other hand, he has redoubled his efforts to justify and vilipendize” to certain immigrants that aims.
The Undersecretary of the Department of Internal Security Tricia McLaughlin described Santiago as “a criminal” and warned that undocumented immigrants claiming to be DACA are not automatically protected against deportation.
«Daca does not grant any legal status in this country. Any undocumented beneficiary of DACA can be arrested and deported for various reasons, including the commission of a crime, ”insisted the Undersecretary without citing that the accusation of the police against Santiago was dismissed.
The legal team that defends Santiago has pointed out that if the US government can ignore its own norms and disseminate proven false accusations, no immigrant is safe from arbitrary detention.
Santiago would not be the only person covered by DACA who has been arrested by migratory agents, at Los Angeles at least 2 arrests of beneficiaries of the program have been reported.
The young woman’s arrest has caused a wave of indignation, more than 12,000 signatures have been collected in a petition to ask for your releaseand its supporters have organized more than 20 vigils and solidarity events in more than a dozen cities nationwide to achieve their release.
Santiago will have a hearing on September 10 in an immigration court.
