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Xóchitl Santiago Challenges Unlawful Detention in Federal Court

Issue area
Detention
Enforcement
Posted: Sep. 3, 2025

For Immediate Release 
September 3, 2025


Media Contacts:
Arianna Rosales, media@nipnlg.org 
Jennifer Garcia, freecatanow@gmail.com

El Paso, TX – This week, the National Immigration Project, Benoit Legal, Novo Legal, Singleton Schreiber, and Islas Law Firm filed a habeas petition, Santiago v. Noem, seeking the release of Catalina “Xóchitl” Santiago Santiago. Xóchitl is a DACA recipient and prominent community organizer who was unlawfully arrested and detained in early August, and has remained detained ever since. 

The petition alleges that the government violated multiple federal laws when officers detained Xóchitl without a warrant and without cause at the El Paso International Airport on her way to a conference in San Marcos, Texas. Xóchitl, who has been in the United States since she was eight years old, is a well-known community organizer and advocate for immigrant workers and their families across the country. She was arrested and remains detained despite the fact that she has a valid grant of DACA, which prevents her from being deported from the United States. 

“The attorney general from Texas has attempted to get rid of DACA several times, my arrest and incarceration is not an isolated case," said Xóchitl. "We are seeing the targeting of DACA recipients in Texas and Arizona. El Paso has been the testing ground of xenophobic actions. ICE, CBP, and the military are receiving billions more to continue terrorizing communities across the country with policing and military tactics."

“Xóchitl’s detention has been devastating - not only for her but for our family and community that relies on her,” shared Desiree Miller, Xóchitl’s spouse. “She should never have been taken and she should not still be held. We’re asking for her release so she can come home, where she belongs, and we can begin to heal from the harm that’s been done” 

“Ms. Santiago—who has worked to improve the lives of El Pasoans—represents the best of our border region’s compassion and strength,” shared Chris Benoit of Benoit Legal. “Her detention is not only unlawful, it is a loss for every El Pasoan she has uplifted with her work.”

As the petition lays out, the government’s decision to arrest and continue detaining Xóchitl is arbitrary, capricious, and contrary to regulation, statute, and the U.S. Constitution. DACA recipients undergo a rigorous application and approval process, submitting to comprehensive background and security checks every time they apply for or renew their DACA grant. This is the design of the program: in exchange for disclosure and compliance, recipients reasonably expect not to be targeted for arrest or detention based solely on their immigration status. Xóchitl has successfully passed this rigorous process seven times—once for her initial application, and six more times to renew her DACA every other year. Nothing can justify the ongoing deprivation of her liberty and her separation from her U.S. citizen spouse and her community.

“Detaining Xóchitl, a DACA recipient who has spent her life strengthening and uplifting her community, is both legally and morally indefensible,” said Bridget Pranzatelli, Staff Attorney at the National Immigration Project. “We will continue to fight until Xóchitl is free and back with her community.”

“The government established the DACA program with the assurance that individuals who met its rigorous criteria would not be subject to arbitrary arrest or removal,” said Luis Cortes Romero of Novo Legal. “Our petition seeks to hold the government to those commitments, which are grounded in due process, reliance interests, and the rule of law.” 

"This case highlights the importance of raising legal challenges to safeguard against unlawful detention and government overreach,” said Marisa Ong, Senior Counsel with Singleton Schreiber LLP. “DACA recipients, like all individuals, are entitled to due process and protection under the Constitution. By pursuing this petition, we aim not only to secure justice for our client, Ms. Santiago, but also to send a clear message that no one is above the law, and that immigration enforcement must be carried out within the bounds of the law."

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The National Immigration Project is a membership organization of attorneys, advocates, and community members who believe that all people should be treated with dignity, live freely, and flourish. We litigate, advocate, educate, and build bridges across movements to ensure that those most impacted by the immigration and criminal systems are uplifted and supported. Learn more at nipnlg.org. Follow the National Immigration Project on Bluesky, Facebook, Twitter/X, and Instagram at @NIPNLG.

Novo Legal Group is a nationally recognized immigration and civil rights law firm with offices in Denver and Seattle. The firm represents individuals and families in removal defense, asylum, federal appellate litigation, and impact cases across the country. Novo is dedicated to defending the human rights of immigrants and refugees through zealous advocacy and strategic litigation. Learn more at https://www.novo-legal.com/