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The detention of Catalina “Xochitl” Santiago at the El Paso, Texas airport exposed in sharp relief the paradox faced today by recipients of the Deferred Action for Childhood Arrivals (DACA) program. Santiago had already passed through security when two Border Patrol agents called her in for questioning and transferred her to a detention center. Nearly a month after her arrest, which occurred in August 2025, she and her family were still seeking a formal explanation for the detention, even though her DACA status was active and had been renewed seven times over the years.
The case illustrates a pattern that immigration attorneys have increasingly documented. Even without formal regulatory changes to the program, the Trump administration has intensified actions against Dreamers, and the legal climate surrounding DACA entered 2026 more fraught than ever. Understanding what has changed, what remains protected, and what practical risks weigh on the approximately 525,000 active recipients is essential for anyone living under this status or planning to migrate through parallel humanitarian pathways.
What DACA Is and What It Protects
DACA was created in 2012, during the Obama administration, as an executive action by the Department of Homeland Security (DHS). It provides temporary protection from deportation and work authorization to individuals who arrived in the United States before age 16, had continuously lived in the country since June 2007, and met criteria for good conduct and education. Renewal occurs every two years and requires maintaining eligibility, with no serious criminal convictions.
It is important to highlight what DACA does not offer. The program does not confer permanent legal status or an automatic path to a green card. It does not prevent discretionary review by federal agents, nor does it guarantee reentry into the U.S. after international travel without an advance parole document. This legal gray area is precisely where recent detention cases have flourished.
The Santiago Case in Detail
Santiago was 28 years old and worked as a community organizer in Texas when she was arrested on her way to a conference on family farms in Austin. Her wife, Desiree Miller, a U.S. citizen, said she received a shaky video recorded by Santiago herself at the moment of the encounter. The agents instructed her to turn off her phone and answer their questions about her work documents.
DHS later alleged that she had been detained on charges of trespassing, drug possession, and drug paraphernalia. Santiago, however, had not been convicted of any of these crimes, and that history had not prevented her from renewing her DACA for seven cycles. Even so, Border Patrol justified the attempted removal by citing unlawful entry into the country, ignoring the fact that she had arrived in the United States at age eight with her family and had regularized her presence through the program.
Other Troubling Cases
The Santiago case is not isolated. Javier Diaz Santana, a deaf and mute DACA recipient, was detained during a workplace operation and had the tools he used to communicate confiscated. Jose Valdovinos, also under program protection, was arrested in front of a gas station while sitting in the passenger seat of his wife’s car. In all these episodes, the pattern repeats itself: detention in everyday situations, no clear explanation of the legal basis, and delays in accessing legal counsel.
Government Rhetoric and Its Practical Impact
In July 2025, Tricia McLaughlin, DHS Assistant Press Secretary, stated that DACA did not confer any type of legal status and encouraged recipients to self-deport. The statement, legally imprecise, contradicts decades of internal USCIS guidance and court decisions that have recognized DACA as a form of authorized presence, however precarious.
The practical effect of this rhetoric is threefold. First, it creates widespread uncertainty among employers, who grow hesitant to keep Dreamers on payroll. Second, it encourages field agents to interpret protections restrictively, increasing the number of discretionary detentions. Third, it fuels a strategy of psychological exhaustion, in which the cost of living under DACA becomes so high that voluntary departure seems like the only viable alternative.
The Immigration Hearing Environment
When a Dreamer is detained, the defense pathway runs through a hearing before an immigration judge at the EOIR (Executive Office for Immigration Review), a body under the Department of Justice. At these hearings, the judge rules on custody and, later, on deportability. The system’s overload, compounded by executive political pressure, has been reducing the average review time and increasing the likelihood of adverse rulings, especially in jurisdictions with courts known to be conservative.
Parallel Paths to Regularization
Some DACA recipients have explored parallel pathways to establish a more stable immigration situation. Among the technically available options are:
- Green card petition through marriage to a U.S. citizen, when applicable and when the person entered the U.S. with inspection or has advance parole.
- Petitions based on a U visa, intended for victims of certain crimes who cooperate with investigations.
- Asylum applications, when there is a well-founded fear of persecution in the country of origin.
- Petitions based on VAWA (Violence Against Women Act) for victims of domestic violence.
Each of these pathways has strict requirements, short deadlines, and strategic implications that must be evaluated with credentialed immigration professionals before any filing. Choosing the wrong path can trigger bars to inadmissibility that compromise future regularization attempts.
Practical Recommendations for Dreamers in 2026
The current environment demands heightened caution. Carrying an updated copy of the Employment Authorization Document (EAD) and the most recent DACA approval is prudent, but insufficient in the face of aggressive enforcement. Some additional measures help reduce risks:
- Maintain a family emergency plan with powers of attorney, attorney contacts, and instructions for the care of minors in the event of detention.
- Avoid international travel without approved and valid advance parole throughout the entire period outside U.S. territory.
- Thoroughly document continuous residence history and compliance with DACA conditions, with digital copies stored outside the primary device.
- Establish a communication protocol with family members and employers in case of sudden loss of contact.
- Monitor USCIS updates on renewal windows and any court decisions affecting the program.
The ordeal experienced by Catalina Santiago and other Dreamers reinforces an uncomfortable truth. DACA, in its original design, was conceived as a temporary bridge until Congress passed a permanent solution. Without that approval, more than a decade later, thousands of young people remain suspended between the lives they have built in the United States and the legal fragility that can, at any moment, turn a routine trip to an airport into a detention center.
Victoria Harper
Editor-in-Chief
Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.
