Board of Immigration Appeals Eases Deportation of DACA Beneficiaries in Removal Hearings

The BIA ruled in 2026 that active DACA status alone cannot stop removal proceedings, allowing DHS to continue pursuing deportation cases against recipients.

Key Takeaways
  • The Board of Immigration Appeals ruled that DACA status alone cannot terminate removal proceedings for immigrants.
  • This interim decision establishes a nationwide precedent for immigration judges regarding deportation cases.
  • The ruling allows the Department of Homeland Security to continue pursuing removal cases against active DACA recipients.

The Board of Immigration Appeals ruled on Friday, April 25, 2026, that DACA status alone is not sufficient grounds to terminate removal proceedings, clearing the way for the Department of Homeland Security to keep pursuing deportation cases against DACA recipients.

A three-judge panel sided with DHS lawyers who challenged immigration judge Michael Pleters’ decision to end removal proceedings for Catalina “Xóchitl” Santiago based solely on her active DACA status. The board held that “the Immigration Judge erred” by relying on DACA alone and sent the case back for review.

Board of Immigration Appeals Eases Deportation of DACA Beneficiaries in Removal Hearings
Board of Immigration Appeals Eases Deportation of DACA Beneficiaries in Removal Hearings

The panel also remanded the matter to a different immigration judge. Its ruling is classified as an interim decision, a designation that gives it precedential force for immigration judges across the country.

The decision leaves Santiago not immediately deported, but it sets a broader rule with consequences beyond her case. It weakens one of the arguments that had been used in immigration court to shut down deportation cases involving people with active DACA grants.

DACA was created in 2012 and, in the article’s context, covers approximately half a million people. The program has long offered temporary protection from deportation and work authorization, but the board’s ruling draws a line between having DACA and having a basis to end a deportation case outright.

DHS officials began urging DACA recipients to self-deport starting in 2025, arguing that the program does not automatically provide legal status. The new decision adopts a similar legal distinction inside immigration court, where the question was whether active DACA status by itself could justify termination.

That distinction now carries precedential weight. Immigration judges who confront similar cases must account for the board’s finding that DACA, standing alone, does not require an end to removal proceedings.

The ruling also fits into a broader burst of activity by the Board of Immigration Appeals over the past year. The board published 70 precedent-setting decisions, a record number, reshaping multiple areas of immigration court practice.

Those decisions have made it harder for immigration courts to offer bond in lieu of detention, eased deportations to countries other than recipients’ home nations, and restricted appeal rights. The Santiago ruling adds DACA-based termination requests to that growing list of tighter interpretations.

In Santiago’s case, the dispute centered on a narrow but consequential question: whether a person with an active DACA grant can rely on that grant alone to have a deportation case dismissed. Pleters had answered yes. The appellate panel answered no.

The board’s opinion sided with DHS lawyers on that point and rejected the immigration judge’s earlier approach. By ordering a different judge to take up the case on remand, the panel reset the proceedings rather than ending them.

That outcome matters in immigration court because termination and deferred action are not the same thing. DACA can defer removal, but under the board’s ruling it does not, by itself, erase the underlying case once DHS has placed someone in proceedings.

The decision arrives as the Trump administration keeps pressing a harder line on DACA recipients. The article describes it as the latest step to strip away protections from people enrolled in the program, continuing a push that had already included calls for recipients to leave the country on their own.

Within that policy setting, the board’s role has become more central. Precedent decisions from the Board of Immigration Appeals shape how immigration judges nationwide read statutes, regulations, and agency policy, and an interim decision can reach well beyond the parties named in one appeal.

Hundreds of thousands of DACA recipients are not suddenly subject to automatic deportation because of this one ruling, and Santiago herself was not immediately ordered removed. What changed is the legal footing inside court: active DACA status no longer stands, by itself, as sufficient grounds to terminate removal proceedings.

The immediate result is procedural but substantial. DHS can continue pursuing cases that some immigration judges might previously have ended on the basis of DACA alone, while immigrants in those cases now face a precedent that gives the government a clearer path to keep proceedings alive.

The board’s recent record suggests the Santiago ruling is not an isolated shift. With 70 precedent-setting decisions in a year, covering detention, deportation destinations, and appeal rights, the Board of Immigration Appeals has moved aggressively to define the rules that govern immigration court, one case at a time.

People also ask

Answers from VisaVerge guides
What is the stance of legal experts and immigrant advocates regarding the BIA's 2025 decision?

Legal experts and immigrant advocates view the BIA’s 2025 decision as a radical departure from established practice, arguing it creates a constitutional crisis that federal courts are unlikely to tolerate.

Read: Georgia Judge Approves Bond Hearing in Immigration Detention Case
Does the BIA’s 2025 ruling affect all immigration cases nationwide?

Yes, the decision affects people in removal proceedings nationwide who seek case closure as a path to pursue status or protection outside the courtroom.

Read: BIA Finds Immigration Judge Improperly Terminating Pending Case
What did the Supreme Court decide on June 23, 2025 regarding deportations?

The Supreme Court lifted a lower court block, allowing the Trump administration to resume deporting migrants, including those with criminal records, to third countries like South Sudan and Libya without advance notice or chance for migrants to explain fears of persecution or torture.

Read: Supreme Court Permits Trump to Deport Migrants to South Sudan and Conflict Zones
How does the new ruling impact the role of immigration judges and the Board of Immigration Appeals?

The ruling shifts more of the decisive work to immigration judges and the Board of Immigration Appeals, where the asylum record is built and disputes over evidence, credibility, and inferences are decided first.

Read: Supreme Court Upholds Substantial-Evidence Standard for Immigration Board Reviews
How does this ruling affect future deportations from the United States?

This ruling sets a new standard for how the United States must treat anyone facing deportation, especially in cases involving national security or alleged criminal activity, by requiring due process rights be respected.

Read: Judge Rules El Salvador Deportees Must Receive Due Process Rights
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Vivian Chen

Vivian Chen is the Immigration Enforcement Correspondent at VisaVerge.com, where she tracks ICE operations, deportation policy, detention conditions, and the real-world impact of enforcement actions on immigrant communities. Her reporting turns fast-moving enforcement developments — raids, court rulings, and agency directives — into clear, accurate coverage readers can rely on. Vivian's work helps families and advocates understand their rights and the shifting realities of immigration enforcement in the United States.

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