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BIA Ruling Undermines DACA Protections, Prompting Congressional Pushback

4/29/2026, 2:36:00 AM

Key Decision: BIA Decision Undermines DACA Shield

On Friday, the Board of Immigration Appeals (BIA) ruled in the Catalina “Xóchitl” Santiago case that DACA status alone does not block removal, sending the case back to an immigration judge without automatic protection.

DACA Overview and Recent Enforcement

Created in 2012, DACA grants temporary work permits and deportation relief to undocumented youths who arrived as children. The Trump administration halted new applications in 2017, intensified enforcement, and detained nearly 300 DACA recipients in 2025, deporting dozens despite active status.

At-Risk Population

About 506,000 people hold DACA; 28 % (?141,000) live in California. In a 10-month span in 2025, officials detained nearly 300 recipients and deported either 90 or 174, per differing reports. The Justice Department has added 140 new deportation judges and dismissed roughly 100 immigration judges. Renewal delays now exceed five months, and work permits expire without a grace period.

Official Statements & Responses

Rep. Delia Ramirez (D-IL) called the BIA ruling “very concerning” and urged Congress to advance the Dream and Promise Act. She announced plans to subpoena Deputy Chief of Staff Stephen Miller and Border Czar Tom Homan for testimony before House Homeland Security Committee, calling their absence “unconscionable.”

Criticism & Opposition

Ramirez warned the administration is “weaponizing the court system” by firing judges and appointing loyalists, arguing this undermines judicial independence.

Impact on Recipients

The ruling threatens half a million young immigrants, exposing them to removal, job loss, and loss of benefits such as health insurance and in-state tuition. Delayed renewals could push thousands of DACA-eligible educators and workers into unlawful status overnight, heightening pressure on Congress for permanent protection.

Conflicting Deportation Numbers

Sources differ on 2025 deportations—one cites 90, another 174. The Justice Department has not answered questions about BIA implementation, leaving enforcement uncertain.

Verbatim Quotes

  • “I know that the deferred action, DACA, it protects people that were brought into the country when they were children, from deportation.” — María de Jesús Estrada Juárez, DACA recipient
  • “Because now you’re hiring judges who are loyal to the president and not loyal to the law.” — Rep. Delia Ramirez
  • “The idea that Tom Homan and Stephen Miller, the architects of these operations, have not come before the committee of jurisdiction is unconscionable.” — Rep. Delia Ramirez

What's Next

Legislators plan hearings on the subpoena request and a renewed push for the Dream and Promise Act. Advocacy groups intend to challenge the BIA precedent in court, while immigration courts prepare to re-evaluate pending DACA cases under the new standard.