Overview

• U.S. District Judge Kathleen Cardone ruled Catalina “Xochitl” Santiago’s detention violates her constitutional rights, finding a deprivation of procedural due process under the Fifth Amendment and citing Fourth Amendment concerns.
• The order requires release at the earliest reasonable opportunity and no later than 4 p.m. Thursday, Oct. 2, with the government to report the date and time of her release to the court.
• Cardone noted the government conceded her removal is inexecutable while DACA remains in effect and found no evidence she is a flight risk or a danger, with no change since her latest renewal through April 2026.
• An immigration judge terminated removal proceedings on Sept. 9, yet ICE kept Santiago in custody after her early August airport detention in El Paso and pursued an appeal.
• Officials had cited a 2020 Arizona arrest, but prosecutors declined to file charges, and advocates highlight her case as part of recent detentions of DACA recipients, including a court-ordered release last week for Paulo Cesar Gamez Lira.