BIA Rules DACA Status Does Not Prevent Deportation

The Board of Immigration Appeals ruled on April 24, 2026, that holding status under the Deferred Action for Childhood Arrivals (DACA) program is not sufficient grounds to grant relief from deportation. The precedent decision arose from the case of Catalina Xóchitl Santiago, a Mexican national and DACA recipient whose removal proceedings had been previously terminated by an immigration judge. A three-judge appellate panel overturned that termination and sent the case back for review.

This ruling is part of a broader effort by the Trump administration to dismantle protections for approximately 500,000 Dreamers. Parallel actions include Department of Health and Human Services moves to make recipients ineligible for the federal health care marketplace and Department of Education scrutiny of universities providing financial aid to recipients. The administration has also remade the immigration judicial system, appointing over 140 new judges and firing 100 others, resulting in a 97% success rate for Department of Homeland Security lawyers in publicly posted cases last year.

Between January and November 2025, 261 DACA recipients were arrested, with deportation figures reported between 86 and 174 people. Advocacy groups and Democratic lawmakers have criticized the decision as a weaponization of the court system, while government officials maintain that DACA is a temporary measure and provides no legal entitlement to remain in the United States indefinitely.