Catalina “Xóchitl” Santiago has been ordered to be released from Immigration and Customs Enforcement custody in a ruling by U.S. District Judge Kathleen Cardone.
The judge ruled on Monday, Oct. 1, that Trump attorneys “did not present any evidence indicating that Santiago has endangered anyone during her twenty years at liberty, including her thirteen years under DACA. Tellingly, they have failed to even articulate an individualized reason for which she should be detained,” in court documents.
Cardone heard a habeas petition on Tuesday, Sept. 23, challenging the ongoing detention of Santiago, a Deferred Action for Childhood Arrivals recipient, who has been held in ICE detention since Aug. 3.
“It is undisputed that Santiago is currently protected by DACA until April 2026. Respondents concede that even if they were to obtain a final removal order against her, they would not be able to execute it until her DACA expires without renewal or her DACA is terminated pursuant to proper procedures,” court documents said.
More on the ICE proceedings Federal judge in El Paso considers release of DACA recipient Catalina ‘Xochitl’ Santiago
When could Xochitl be released?
Supporters hold a banner for Catalina “Xóchitl” Santiago outside the federal courthouse in El Paso on Sept. 23, 2025. A judge heard a petition challenging her ICE detention.
Cardone gave ICE until 4 p.m., Thursday, Oct. 2, to release Santiago and to notify the judge by noon Friday, Oct. 3, of the time and day Santiago was released.
Santiogo was detained by Border Patrol agents on Aug. 3 at the El Paso International Airport, despite presenting a valid work authorization card.
The Trump administration said Santiago had been arrested and set for deportation over charges of “trespassing, possession of narcotics and drug paraphernalia.” A Nexis/Lexis search done by the El Paso Times found a non-specified charge in Graham County, Arizona, from 2020.
Santiago’s family has continued to contest the initial reason why ICE detained Santiago, calling it a “lie” that she had pending drug-related criminal charges in Arizona. Such charges were found to be false, as was confirmed by Arizona Attorney General Kris Mayes, Islas noted.
There are currently 20 DACA recipients detained by the Trump administration, according to a coalition of DACA rights groups, which includes United We Dream.
It is still unclear what impact the ruling will have on other DACA cases pending in federal court. The Department of Homeland Security has yet to publicly respond to the ruling.
A rally is planned Wednesday, Oct. 1, outside the Department of Homeland Security facility at 8915 Montana Ave.
More on past Xochitl rallies ‘Free Xochitl’: Supporters call for El Pasoan’s release from ICE custody amid legal win
Kristian Jaime is the Top Story Reporter for the El Paso Times and is reachable at Kjaime@elpasotimes.com. Jeff Abbott contributed to the reporting of this story.
This article originally appeared on El Paso Times: Jjudge orders ICE to release DACA recipient ‘Xóchitl’ Santiago