Trump Administration’s BIA Decision Weakens DACA

On Friday, April 25 2026, the Board of Immigration Appeals (BIA)—the Justice Department—issued a decision that a DACA recipient’s status alone does not justify terminating removal. A panel upheld Department of Homeland Security (DHS) lawyers’ appeal of immigration judge Michael Pleters’ order ending removal against Catalina “Xóchitl” Santiago, a DACA holder detained at El Paso airport in August 2025. The BIA sent the case to a judge for review, a step that does not trigger immediate deportation and signals DACA will no longer be decisive.

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Created in 2012, DACA grants temporary protection from deportation to those who arrived as children before 2007, with biennial renewal and no path to permanent residence. In the past year DHS urged self-deportation, HHS barred access to the federal health-care marketplace, and the Education Department signaled reviews of university aid for DACA students.

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About 500,000 people are covered by DACA. DHS reported 261 arrests and 86 removals of DACA recipients between January and November 2025. In 2025 the BIA upheld positions in 97 % of cases—a rise of 30 percentage points over the 16-year average—and issued 70 precedent-setting decisions.

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The BIA’s ruling narrows the legal shield DACA has provided to half a million “Dreamers,” increasing removal risk and limiting bond options. Removing DACA as a standalone ground also threatens family unity and heightens uncertainty about immigration status.

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DHS maintains DACA offers protection but no indefinite right to remain. BIA said the judge “erred” by relying solely on DACA status. In a letter to senators, Secretary of Homeland Security Kristi Noem emphasized DACA “comes with no right or entitlement to remain in the United States indefinitely” and cited the 261 arrests and 86 removals as evidence.

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United We Dream called the decision part of “relentless, politically motivated attacks” on the program.

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Santiago was detained by Customs and Border Protection while boarding a flight at El Paso airport in August 2025. A judge released her in October 2025, and her case now proceeds before an immigration judge after the BIA’s referral.

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• “For over a decade, DACA has endured relentless, politically motivated attacks,” — Juliana Macedo do Nascimento, United We Dream

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• “the Immigration Judge erred” — Board of Immigration Appeals (interim decision)

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• “It comes with no right or entitlement to remain in the United States indefinitely,” — Kristi Noem, Secretary of Homeland Security

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• “In the letter, Noem reiterated that DACA is temporary.” — Kristi Noem, Secretary of Homeland Security

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The BIA’s referral of Santiago’s case is expected to generate appeals to appellate courts. Advocacy groups have signaled intent to challenge the precedent. DHS is poised to pursue proposals to restrict appeal rights and expand detention authority, leaving DACA’s future in legal limbo.

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