Speaker at a protest rally for DACA, TPS, and DED outside the office of U.S. Senator Amy Klobuchar in 2020. They demanded legalization for all recipients of DACA and an end to the policy of “Prevention through Deterrence” and separation of families at the border. | Photo by Fibonacci Blue from Minnesota via Wikimedia Commons
WASHINGTON, D.C. — The U.S. Department of Justice has issued a precedent‑setting immigration ruling that makes it easier for the government to deport individuals protected under the Deferred Action for Childhood Arrivals (DACA) program. The decision, issued by the Board of Immigration Appeals (BIA), states that DACA status alone is an insufficient legal basis to terminate or dismiss a deportation case.
The ruling came in the case of Catalina “Xóchitl” Santiago, a DACA recipient whose removal proceedings were initially terminated by an immigration judge because she held valid DACA protection. The Department of Homeland Security (DHS) appealed, arguing that deferred action does not grant lawful status or immunity from removal. A three‑judge BIA panel agreed, writing that “the Immigration Judge erred” by relying solely on Santiago’s DACA status to end the case.
The BIA sent the case back to a different immigration judge for further review.
What the Case Was About
Santiago, who arrived in the U.S. without inspection, was detained by Customs and Border Protection in August 2025 while boarding a domestic flight in El Paso. She was held in immigration detention until a federal judge ordered her release. She has been fighting removal ever since.
Her attorneys argued that her active DACA status and potential eligibility for marriage‑based adjustment of status justified terminating the case. DHS countered that deferred action does not confer a right to remain in the United States, nor does it prevent the government from pursuing removal.
The BIA sided with DHS, emphasizing that immigration judges must weigh the government’s opposition and cannot treat DACA as an automatic shield from deportation.
What the Board of Immigration Appeals Is
The Board of Immigration Appeals is the highest administrative body for interpreting and applying U.S. immigration laws. Located within the Department of Justice, the BIA reviews decisions made by immigration judges. Its published decisions are binding precedents for immigration courts nationwide.
Because this ruling is precedential, it now guides how immigration judges across the country must treat DACA recipients in removal proceedings.
Impact on DACA Recipients Nationwide
Advocates warn that the ruling could have sweeping consequences for the more than 500,000 DACA recipients in the United States. NPR reported that the decision “potentially weakens DACA protections for roughly 506,000 individuals nationwide,” including more than 141,000 in California alone.
Immigrant‑rights groups say the ruling creates new uncertainty for DACA holders, who already face delays in renewals and no path to citizenship.
“This decision is yet another step in dismantling the program… This is a quiet rollback of protections, and our communities are paying the price in real time,” said Juliana Macedo do Nascimento of United We Dream.
Immigration attorney Wendoli Rodriguez called the ruling a “wake‑up call,” warning that judges can no longer dismiss deportation cases even when a person has a valid DACA.
Fear and Uncertainty Among DACA Holders
DACA recipients interviewed by local and national outlets say the ruling heightens fears of detention and deportation during routine encounters with law enforcement or immigration authorities.
“We’re going to be in fear, all of us the DACA recipients… We don’t know what’s going to happen even in a normal routine traffic stop,” said DACA recipient Luis Roldan, who was previously detained and deported before returning to the U.S.
Advocates note that DACA is temporary, must be renewed every two years, and can lapse during processing delays — leaving recipients vulnerable if detained during a renewal gap.
A Precedent With National Reach
Because the BIA’s decision is binding, immigration judges nationwide must now treat DACA as insufficient on its own to justify ending a deportation case. The ruling underscores that DACA provides deferred action, not lawful status, and does not prevent DHS from pursuing removal.
For hundreds of thousands of DACA recipients — many of whom have lived in the U.S. since childhood — the decision represents a significant shift in how immigration courts may handle their cases going forward.
