Trump Administration Argues It Can Hold Dreamers Indefinitely
EL PASO, Texas - The Trump administration is arguing that it can hold DACA recipients indefinitely, a move immigration experts warn could be used as a backdoor to expel those in the Deferred Action for Childhood Arrivals program.
Catalina "Xochitl" Santiago, a 28-year-old immigration activist and DACA recipient, has spent over 50 days in immigration detention at an El Paso processing facility. According to her attorneys, she was detained on August 3 by U.S. Customs and Border Protection agents while attempting to catch a flight to Austin.
"We're seeing a pattern of behavior where the administration is using detention as a tool to try to run out the clock until someone's DACA status expires," said Stephen Yagman, an immigration attorney representing Santiago. "It's a not-so-subtle attempt to deport people who are otherwise eligible for protection under DACA."
Santiago's detention has sparked concerns among immigration advocates and experts, who warn that the administration's tactics could be used to target other DACA recipients.
"This is a clear attempt by the administration to undermine the DACA program," said Marielena Hincapie, executive director of the National Immigration Law Center. "By holding people in detention indefinitely, they're trying to create a sense of uncertainty and fear among DACA recipients."
The Deferred Action for Childhood Arrivals program was introduced in 2012 by President Barack Obama as a temporary protection from deportation for some formerly undocumented immigrants who came to the United States as children. The program has been subject to numerous court challenges and legislative efforts, but its fate remains uncertain.
In 2017, the Trump administration announced plans to phase out DACA, but a federal judge in California blocked the move, allowing existing recipients to continue receiving protection from deportation. The Supreme Court ultimately upheld the lower court's decision in June 2020.
Immigration experts say that the administration's current tactics could be used as a way to circumvent the courts and expel DACA recipients without due process.
"This is a backdoor attempt to undermine the rule of law and the principles of due process," said Hincapie. "It's unacceptable and it's not what this country stands for."
Santiago's family has been advocating for her release, citing concerns about her health and well-being while in detention.
"She's holding on, but it's taking a toll on her physically and emotionally," said Jose Santiago, Xochitl's brother. "We just want to see her released so she can continue fighting for the rights of others."
The current status of Santiago's case is unclear, with no official word from immigration authorities on when or if she will be released.
As the debate over DACA continues, advocates and experts warn that the administration's tactics could have far-reaching consequences for immigrant communities across the United States.
*Reporting by Theintercept.*
