BIA Decision Makes Removing DACA Beneficiaries Easier

The Board of Immigration Appeals (BIA) and Department of Justice (DOJ) made removing Deferred Action for Childhood Arrivals (DACA) beneficiaries easier due to a new precedent decision. This ruling opens a potential weakness in DACA’s detention and removal protections.

The ruling resulted from a case revolving around a judge’s termination of removal orders for a DACA beneficiary. In response, the BIA ruled the judge erred basing their termination on the defendant’s DACA status alone. The ruling signals a major government victory in rolling back removal and detention protections for DACA beneficiaries.

The DACA Program, created in 2012, grants individuals that entered the country as undocumented children before 2007. Currently, the program applies to half a million people. The government’s spent significant effort in rolling back the program’s protections over the course of the past year. These efforts include urging DACA recipients to leave the U.S. voluntarily and conducting immigration enforcement operations. According to NPR, the Department of Homeland Security (DHS) detained two hundred and sixty-one DACA recipients since January 2026.

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