Catalina “Xochitl” Santiago, an immigration activist and DACA recipient, has spent over 50 days in immigration detention in El Paso, Texas. Despite being in the United States legally, according to Santiago’s attorneys, the Trump administration is arguing that it can hold her indefinitely in a not-so-subtle attempt to run out the clock until her status expires and deport her.

Immigration experts warn that the administration’s tactics could be used as a backdoor to expel those in the Deferred Action for Childhood Arrivals, or DACA, program, which offers temporary protection from deportation to some formerly undocumented immigrants who came to the United States as children.

On August 3, U.S. Customs and Border Protection agents detained Santiago, 28, at the airport while she was attempting to catch a flight to Austin. Nearly two months later, she’s still being held in an immigration processing facility in El Paso.

“She’s holding on,” said her brother Jose, who wanted to be identified by his first name only in case of retaliation from Immigration and Customs Enforcement officials. “[But] it’s been over a month, so that takes a toll.”

The Department of Homeland Security did not respond to The Intercept’s request for comment. However, in statements to other media outlets, DHS cited a past arrest for narcotics and trespassing as a reason to keep Santiago detained. However, she was never prosecuted for that arrest due to “insufficient information.”

On Tuesday, federal Judge Kathleen Cardone extended a restraining order blocking the Trump administration from deporting or removing Santiago to a different facility. However, she did not rule on her release.

A separate judge already terminated the immigration case against Santiago in early September, ruling that she cannot be deported because she has lawful status through DACA.

Despite an immigration judge dismissing Santiago’s case, the Trump administration has refused to release her. “They’re arguing, even though they can’t support it, that they can detain her indefinitely,” said Bridget Pranzatelli, an attorney with the National Immigration Project, who has worked on Santiago’s case.

More troubling still, the 28-year-old community organizer is set to renew her DACA status in 2026. Pranzatelli raised concerns that she won’t be able to renew if she’s still in government custody, putting her status at risk.

“If they keep her in detention until her renewal period comes up and she is unable to renew,” said Pranzatelli, “then they will have de facto terminated her DACA status without going through the processes that are required by the regulations.”

The consequences of this case could extend far past Santiago. “The government holds this position that they are able to initiate removal proceedings against anyone who is not a citizen of the United States,” said Pranzatelli, “and that during the pendency of those removal proceedings, a person can be detained. … That is just not what the law says.”

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Immigration experts told The Intercept that the Trump administration is attempting to end protections for Dreamers without the risk of the public outrage that followed President Donald Trump’s attempt to end the program during his first term.

“It’s obvious that they’re trying to evade a public reaction,” said Diana Pliego, a senior strategist at the National Immigration Law Center. “What they’re trying to do is quietly end it, essentially slashing and killing DACA in front of us, one case at a time, one individual at a time.”

“What they’re trying to do is quietly end it, essentially slashing and killing DACA in front of us, one case at a time, one individual at a time.”

According to a tracker launched by a coalition of immigration organizations, including the National Immigration Law Center and United We Dream, nearly 20 DACA recipients have been detained within the last year.

“We’re really concerned,” said Juliana Macedo do Nascimento, deputy director of federal policy for the immigrant advocacy organization, United We Dream.

Macedo do Nascimento said that the Trump administration appears to be intentionally going after DACA recipients, who should not ordinarily be targets for deportation.

“There are two cases right now, that we’re aware of, Jean Carlos and [Paulo Cesar Gamez Lira], where ICE showed up to in Paulo’s case, to his mother’s house while he was dropping off his kids, specifically to apprehend him, and then in Jean Carlos’s case, to his own house specifically to detain him,” she said. “So that shows that de-prioritization is not happening anymore.”

They’re trying to “kill DACA by 1,000 cuts,” said Macedo do Nascimento, noting that the administration has been urging Dreamers to “self-deport.”

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Santiago’s friends and family told The Intercept that detention has taken a significant toll on her.

“Physically and psychologically, the conditions are extremely dehumanizing,” said Christine Miranda, a close friend and colleague of Santiago’s.

Miranda, who met Santiago a decade ago while working together as organizers, said that Santiago was committed to standing up for her community despite the risks. Now, as she sits in detention, Miranda said that community has shown up to support her, hosting rallies and organizing on behalf of her release.

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“She is truly a lifelong community organizer, both at the small scale of connecting with people personally, and the big scale of leading massive actions or rallies or marches,” Miranda said. “She had a lot of personal clarity that fighting for yourself and for others is worth it.”

Santiago’s brother shared similar sentiments. “She was very kind as well, and very compassionate,” said Jose. “That led her to become a community organizer and fight for everyone’s rights, especially the immigrant rights.”

Santiago arrived in the United States when she was only 8 years old from Oaxaca, Mexico. Her brother said it would be “devastating” if his sister were deported. “She’ll be torn away from her community,” he said. “We don’t really have connections in Mexico, so it will be a very harsh reset to life.”

Looking beyond this specific case, Rep. Delia Ramirez, D-Ill., said the Trump administration could not be allowed to disappear its critics.

“As authoritarians, Trump, Noem, Miller, and the rest of the Administration are abusing their power to silence dissent. Despite the legal protections for DACA recipients and green card holders, we are witnessing the disappearance of community activists, like Catalina Xóchitl Santiago, who are challenging the rise of fascism in our nation,” wrote Ramirez, in a message to The Intercept. “We have to stand up for Dreamers and immigrants and protect our civil and constitutional rights.”

A ruling on whether to release Santiago from detention is expected any day now.

The post The Trump Administration Is Arguing It Can Hold Dreamers Indefinitely appeared first on The Intercept.

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