Justice Department Ruling Weakens Deportation Shield For DACA Recipients
The Justice Department this week ruled that holding active Deferred Action for Childhood Arrivals status does not automatically block deportation, clearing the way for immigration authorities to restart removal cases against many DACA recipients.
The move responds to an appeal by the Department of Homeland Security in a high-profile case and signals that immigration courts can reject DACA as a standalone shield. Advocates and some lawmakers warned the decision could lead to more arrests, detentions and deportations of longtime U.S. residents.
The episode traces back to August 2025, when Catalina "Xóchitl" Santiago, a 28-year-old DACA recipient and organizer from El Paso, was detained by Customs and Border Protection while boarding a domestic flight. On September 8, 2025, Immigration Judge Michael Pleters ended her removal case, finding her active DACA protected her from deportation; DHS appealed and also asked that Pleters recuse himself because he is married to Representative Veronica Escobar.
Earlier coverage treated DACA as a practical, if temporary, protection for many recipients. The Justice Department ruling marks a shift toward allowing DHS wins on appeals and leaves judges less able to treat DACA status as dispositive, a change first reported in mainstream outlets this week.
The policy change comes as enforcement numbers and advocates' tallies diverge. Official counts show 174 DACA recipients deported in 2025, while advocates report dozens more detentions and different deportation figures, feeding outrage on both sides and intensifying debate in Congress over proposals that would grant permanent status to some DACA holders.
📊 Relevant Data
In 2025, ICE deported 174 DACA recipients.
ICE deported 174 Daca recipients through most of last year, data shows — The Guardian
📌 Key Facts
- On April 25, 2026, the BIA published a precedent decision holding that DACA status alone is not sufficient grounds to terminate removal proceedings.
- The ruling reversed Immigration Judge Michael Pleters’ termination of deportation proceedings for DACA recipient Catalina "Xóchitl" Santiago and reassigned the case to a different judge.
- The decision applies nationwide to immigration courts and could affect about 500,000 current DACA recipients by making it easier for DHS to proceed with deportation cases despite active DACA.
- DHS had also asked that Pleters be recused because he is married to Rep. Veronica Escobar, but the BIA did not base its ruling on that argument.
📰 Source Timeline (1)
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