10 Jun 2026 BIA Rules DACA Recipients Can Be Deported
The Board of Immigration Appeals (BIA) recently ruled that if a person has been accorded Deferred Action for Childhood Arrivals (DACA), that does not prevent the government from initiating removal proceedings against them. They can still be deported. Specifically, the BIA ruled that an immigration judge erred in terminating removal/deportation proceedings based solely on the fact that the alien had been accorded DACA without considering the Department of Homeland Security’s (DHS) reasons for opposing termination. I would strongly suggest that DACA recipients look for other ways to legalize their status, as DACA may no longer be a defense to deportation.
What is DACA?
DACA is a program that allows certain undocumented individuals who came to the U.S. as children to receive temporary protection from deportation along with work authorization. While DACA does not provide “lawful status,” it is a form of “prosecutorial discretion” to defer removal proceedings against qualified individuals. The U.S. Citizenship and Immigration Services (USCIS) website even states that if a person met the guidelines for DACA, “CBP or ICE should exercise their discretion on a case-by-case basis to prevent qualifying individuals from being apprehended, placed into removal proceedings, or removed.”
The reason for deferring removal proceedings against DACA recipients is to enable DHS “to focus its enforcement resources on those who pose the greatest threat to homeland security… to ensure that enforcement resources are not expended on individuals who do not fall into this category, such as individuals who came to the United States as children and meet other key guidelines.” In other words, people brought to the U.S. as young children do not pose a threat to our national security and were supposed to have been left alone. This recent BIA case changes everything by ruling that DACA does not prevent the government from initiating removal proceedings. This ruling is important because many people believe that having DACA means that they are fully protected from deportation.
In that particular case, the DACA recipient was placed in deportation/removal proceedings as “an alien present in the United States without being admitted or paroled.” It looks like they crossed the border without inspection. Even though she was married to a U.S. citizen, DHS nevertheless put her in removal proceedings. She filed a motion to terminate the removal proceedings arguing that she was a DACA recipient and was eligible for adjustment based on her marriage to a U.S. citizen. DHS argued that DACA did not confer any right or entitlement to remain in or reenter the U.S. and does not prohibit DHS from moving forward with removal proceedings. The BIA agreed with DHS and overruled the immigration judge who had terminated proceedings.
What does this new case mean for DACA recipients?
If you are currently on DACA and have been renewing it over the years, this case shows that you are no longer safe or protected from deportation or removal. DHS can start hunting you down and placing you in removal proceedings. Remember, DACA is not a lawful status. It’s just a temporary reprieve from being placed in deportation removal proceedings, but DHS is now going forward and deporting DACA recipients.
That is why I would recommend that you consult with an attorney who could perhaps determine if you have pathways to legalize your status rather than relying on DACA, where you may now be a sitting duck for deportation.
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