Earlier this week, immigration reform advocates were dismayed to hear that Catalina “Xochitl” Santiago is being detained. She’s a 28-year-old immigration rights activist and fiery community organizer. Santiago is a very proud beneficiary of the Deferred Action for Childhood Arrivals (DACA) program. She immigrated to the United States with her family at the tender age of eight and has lived here ever since. Her detention must serve as a wake-up call to how DACA recipients like Ms. Martinez are being treated under the Trump administration’s aggressive and harmful immigration policies.
Santiago’s arrest occurred while she was en route to another conference, dedicated to promoting the use of family and community-run farms. At the El Paso airport, she was stopped by border patrol officers who quickly arrested her and took her to an immigration detention facility. This surprise arrest has many, including her wife Desiree Miller and advocates, doubting what legal basis there is for her detention.
She was on the scene and got a shaky video of the encounter from Santiago. The video later showed two border patrol agents detaining her at the airport. Miller had asserted that there was no legal basis for her incarceration. He further argued that they lacked any legal basis for detaining her or trying to deport her.
Santiago has renewed her DACA status seven times and has never had a criminal conviction, making her non-deportability all the more complex. Immigration officials explained that they detained her on the basis of her illegal entry into the U.S. Advocates argue that Santiago and other DACA recipients should not be at risk of deportation in the first place, as they are covered under DACA’s protections.
Tricia McLaughlin, an immigration attorney, noted the limitations of DACA, stating, “DACA does not confer any form of legal status in this country.” Under Webster’s theory, millions of Americans think that DACA needs to protect people like Santiago from deportation. These young people know nothing other than American society and have made admirable contributions to their communities.
In opposing Santiago’s continued detention, Desiree Miller, Santiago’s mother, shared her pain at having her son in detention and the impact it has had on her life. She said it’s very difficult for her to eat and sleep comfortably out here. It’s a heavy burden to bear for her, to know that when the sun sets, she cannot sleep in her own sanctuary.
ICE’s handling of the situation sparked a national outcry from several immigration advocacy organizations. Together, they shine a light on the human element that gets lost so easily in the conversations about immigration policy. Miller articulated the broader implications of Santiago’s detention: “It’s like the constant threat that they could come and take someone you love.”
Santiago’s family continues to work on their case, with an upcoming hearing before an immigration judge. This hearing determines whether she gets to go back home or has to continue living in detention. Her family and advocates have gathered to support her case. Her supporters have been counting on a quick settlement so she can get back to her work in her community.
José Santiago, a cousin, recalled the swiftness with which Santiago was apprehended. As Rizzo put it, “We hadn’t seen this in the past…It was very quick, very aggressive.” This has caused alarm, as sentiments like this are felt by many who worry that this horrifying incident is an omen for a new pattern in immigration enforcement.