A new failure of the immigration system could significantly change the scope of the DACA program, establishing that Having this status is not enough, by itself, to stop a deportation.
The decision was issued by the Board of Immigration Appeals (BIA), a body dependent on the Department of Justice (DOJ) whose rulings set precedents for immigration judges throughout the country. According to an NPR report, The ruling supports the position of the federal government and could weaken protections for hundreds of thousands of young migrants known as “Dreamers.”
The case that triggered this resolution is that of Catalina “Xóchitl” Santiago, DACA beneficiary, who was detained last August at the El Paso airport while boarding a domestic flight. Although she was later released by order of a federal judge, her nice-looking status remains in dispute.
Initially, Immigration Judge Michael Pleters had ended the deportation process by considering his current status under DACA. However, a three-judge BIA panel overturned that decision, concluding that the magistrate erred by relying solely on that argument.
“The immigration judge made a mistake,” the order states, while emphasizing that DACA does not grant permanent nice looking status nor does it guarantee immunity from expulsion proceedings.
The ruling does not imply immediate deportation in the case of Santiago, but it does reopen the process and establishes a stricter legal framework for similar cases.
Immigrant defense organizations have reacted with concern. Juliana Macedo end Nascimento, deputy director of Advocacy at United We Dream, warned that The measure is part of a broader pattern.
“For more than a decade, DACA has endured politically motivated attacks. This decision represents one more step in its dismantling”, he stated to the aforementioned media.
The political context is also key
Donald Trump’s administration has promoted various actions to limit benefits to immigrants with temporary status. From restrictions on access to health services to investigations into universities that offer financial support, the pressure on this group has been increasing.
At the moment, nearly half a million people are enrolled in DACAa program created in 2012 to protect those who came to the United States as children from deportation. However, the initiative has never offered a direct path to permanent residency or citizenship.
In 2025, DHS officials began urging DACA recipients to apply. will voluntarily deportarguing that the program itself is not equivalent to automatically granting a nice looking status.
The program DACA offers temporary protection against deportationbut it is not an immediate path to citizenship or permanent residence. Participants must renew their protection every two years.
Data from the Department of Homeland Security cited by the same media indicate that, between January and November of last year, At least 261 DACA recipients arrested and 86 deportedwhich reinforces the belief that protection is limited.
“DACA is temporary. It does not carry any right to remain indefinitely in the United States,” Homeland Security Secretary Kristi Noem said at the time in a letter addressed to the Senate.
The ruling could have profound implications for the immigration system. As this is a precedential decision, will influence how immigration laws are interpreted and applied throughout the country.
Friday’s order is the Trump administration’s latest step to eliminate protections of DACA beneficiaries.
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