Immigration Appeals Court Reverses DACA Recipient’s Case Termination, Siding with DHS in Removal Proceedings

When the Board of Immigration Appeals issued its ruling last Friday that simply having DACA status isn’t enough to halt deportation proceedings, it sent ripples far beyond the courtroom where Catalina “Xóchitl” Santiago’s case was being heard. For someone who grew up in El Paso, navigating the streets near Ascarate Park or grabbing coffee at a shop on Mesa Street, this isn’t just abstract policy—it’s a tangible shift in the safety net that has allowed hundreds of thousands of young immigrants to build lives, careers, and communities across the United States. The decision, which came after Santiago was detained by Customs and Border Protection while boarding a domestic flight at El Paso International Airport last August, now means that even those with valid DACA protections, like hers which runs through April 2026, face a significantly higher bar to avoid removal proceedings.

This development builds on a longer history of legal challenges to the DACA program itself, which has faced uncertainty since its inception in 2012. While the program has provided temporary relief from deportation and operate authorization to approximately 800,000 individuals nationwide, its future has repeatedly been subject to legal challenges and administrative shifts. The recent BIA decision doesn’t eliminate DACA, but it fundamentally alters how immigration judges across the country, including those in the El Paso Immigration Court, must evaluate cases. Where Judge Michael Pleters had previously terminated Santiago’s removal proceedings based on her DACA status—a decision that made local headlines when reported by outlets like El Paso Matters in September 2025—the Appeals Board has now instructed that such status alone cannot be grounds for halting deportation. This means immigration judges must now look for other, more specific factors that might qualify an individual for relief, a shift that could dramatically change outcomes in cases ranging from those involving long-term residents to newer arrivals.

The practical implications for El Paso’s immigrant community are immediate and profound. As a city with deep historical ties to Mexico and a significant population of individuals who qualify for or are beneficiaries of DACA, the ruling introduces a new layer of anxiety into daily life. Consider someone who works in the healthcare sector near University Medical Center, teaches in the El Paso Independent School District, or runs a small business in the Barrio Alto district—they may now find themselves needing to prove far more than just their DACA status to avoid detention and potential removal. This isn’t merely about legal technicalities; it affects family stability, economic participation, and community cohesion. The ruling potentially impacts not just the hundreds of thousands of DACA recipients nationally, but also intersects with broader enforcement trends, such as those seen in increased scrutiny at transportation hubs—a point underscored by Santiago’s own arrest at the airport.

Beyond the immediate legal landscape, this shift could have second-order effects on El Paso’s economy and social fabric. DACA recipients are known to have high labor force participation rates, often working in essential sectors like education, healthcare, and skilled trades. Increased uncertainty around their status could affect local businesses that rely on their workforce, influence housing markets as families face instability, and deter community engagement as individuals may become less likely to interact with public services or report crimes for fear of drawing attention to their status. These are not hypothetical concerns; they represent real-world consequences that flow directly from changes in how immigration law is interpreted and applied at the local level, particularly in border communities where immigration enforcement is a visible, daily presence.

Given my background in analyzing complex policy shifts and their human impact, if this evolving legal landscape affects you or someone you know in El Paso, here are three types of local professionals you should consider seeking out, each with specific criteria to guide your search:

First, look for Immigration Attorneys Specializing in Post-DACA Relief Strategies. These aren’t just general immigration lawyers; you need attorneys who have demonstrated recent success in navigating cases post-BIA ruling, particularly those who understand how to argue for relief based on factors beyond DACA status—such as long-term residency, family ties, persecution fears, or eligibility for other forms of protection like U-visas or asylum. Verify their admission to practice before the Executive Office for Immigration Review (EOIR) and check for specific experience with cases heard in the El Paso Immigration Court or before the Fifth Circuit Court of Appeals, as jurisdictional nuance matters immensely here.

Second, seek out Accredited Representatives from DOJ-Recognized Non-Profits. The Department of Justice maintains a list of recognized organizations whose staff are accredited to provide immigration legal advice and representation. In El Paso, look for established non-profits with a proven track record serving the immigrant community, particularly those offering services in Spanish and English. Key criteria include transparency about fees (many offer sliding scales or pro bono work), verifiable success rates in bond hearings and cancellation of removal cases, and deep integration within local networks—knowing which judges, prosecutors, and social services operate effectively in the El Paso context can be invaluable.

Third, consider connecting with Community Navigators or Trusted Advocates Focused on Know-Your-Rights and Rapid Response. While not lawyers, these individuals—often affiliated with faith-based groups, worker centers, or immigrant rights coalitions—play a critical role. Look for those who provide verified, up-to-date know-your-rights training (crucial for interactions with CBP or ICE, whether at work, home, or transit points like the airport or bus stations), maintain active rapid response networks for detention alerts, and have established relationships with local consulates and civil rights organizations. Their value lies in immediate, practical support and community solidarity, helping individuals understand their rights and access legal help quickly when needed.

These professionals represent different but complementary layers of support: legal expertise for navigating the courts, accredited advocacy for reliable representation, and community-based networks for immediate safety and empowerment. Finding the right combination can make a significant difference in navigating this challenging period.

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