Quick Answer
Yes. DACA is deferred action, not legal status, so it can be terminated and recipients can be placed in removal proceedings. On April 24, 2026, the Board of Immigration Appeals held that an immigration judge can't end a removal case solely because the person has DACA without weighing DHS's opposition. Risk is generally higher if you:
- Have a felony, a significant misdemeanor, or 3 or more other misdemeanors, which also make you ineligible for DACA.
- Are arrested or come into contact with immigration enforcement.
- Have a lapsed DACA grant (expired and not yet renewed).
- Travel outside the U.S. without advance parole.
DHS told Congress that ICE deported 86 DACA recipients between January 1 and November 19, 2025. DACA gives temporary deferred action and a work permit, but it does not give lawful immigration status.
April 2026 Legal Update
In Matter of Santiago-Santiago, 29 I&N Dec. 589 (BIA 2026), decided April 24, 2026, the Board of Immigration Appeals held that an immigration judge must weigh DHS's reasons for opposing termination before ending a removal case for a DACA recipient, even though the regulations allow it.
Active DACA status is still valid and renewals are still accepted. This ruling affects what happens if you are placed in removal proceedings — not whether your current DACA grant is canceled.
Can DACA Recipients Be Deported More Easily Now?
Yes, and it is somewhat easier than before April 2026. About 436,000 people held active DACA on June 30, 2026, and most are not in removal proceedings. Since 2024, immigration judges could end removal cases for DACA recipients; the April 2026 Board ruling now requires judges to weigh DHS's opposition first, so DACA alone may not end a case.
That said, most DACA holders are not in removal proceedings. Your active DACA grant, work permit, and day-to-day legal protections remain in place unless you are specifically placed in immigration court.
What Did the April 2026 BIA Ruling Change?
On April 24, 2026, the Board of Immigration Appeals ruled in Matter of Santiago-Santiago that an immigration judge "erred" by ending a DACA recipient's removal case without weighing DHS's opposition. The precedent binds immigration judges nationwide. DACA can still support ending a case, but judges must first consider DHS's reasons for keeping it open.
What is the BIA?
The Board of Immigration Appeals (BIA) is the highest administrative immigration court in the United States. Its decisions are binding on all immigration judges nationwide unless overruled by a federal circuit court. When the BIA issues a ruling, every immigration judge in the country must follow it.
The case involved a DACA recipient whose removal case an immigration judge had terminated. The Board reversed and sent the case to a new judge. It did not cancel the recipient's DACA, and it did not order removal. Read the Board's published decisions on the BIA precedent decisions page.
The ruling established that:
- An immigration judge can't end a removal case solely because the person has DACA
- Judges must weigh DHS's reasons for opposing termination before deciding
- A DACA grant is one factor to weigh, but it does not override the government's authority to pursue removal
In plain terms: if you are placed in removal proceedings, DACA still counts, but a judge has to weigh DHS's objections before ending your case. The outcome depends on the full facts, so get an immigration attorney right away.
What Is the DACA Legal Timeline From 2012 to 2026?
DACA began as a 2012 memo. A Texas federal court blocked new approvals on July 16, 2021, and DHS turned DACA into a regulation in 2022. In January 2025 the Fifth Circuit limited the case to Texas and work permits. In 2026 two Board of Immigration Appeals precedents changed removal cases and advance parole travel.
DACA Created by DHS Memo
DHS created DACA by a June 15, 2012 memo, offering 2-year deferred action and work permits to people brought to the U.S. as children.
Texas Court Blocks New Approvals
On July 16, 2021, a federal judge in Texas ruled the DACA memo unlawful and barred approval of new initial requests while letting renewals continue.
DACA Becomes a Federal Rule
DHS published the DACA Final Rule, effective October 31, 2022. The same month, the Fifth Circuit agreed the 2012 memo was unlawful and sent the case back to review the rule.
Texas Court Rules Against the Final Rule
On September 13, 2023, the district court found the Final Rule unlawful but kept renewals going for people first granted DACA before July 16, 2021.
Fifth Circuit Narrows the Case to Texas
On January 17, 2025, the Fifth Circuit held that DACA's deferred-action part can stand, found the work-permit part likely unlawful, and limited the order to Texas. A revised district court order was still pending as of July 2026.
Two Board Precedents
Matter of Santiago-Santiago (April 24) requires judges to weigh DHS's opposition before ending a DACA recipient's removal case. Matter of Delcarmen-Lara (August 13) makes advance parole travel a departure for the 3- and 10-year bars.
What Changed and What Stayed the Same After the Ruling?
What changed in 2026: judges must weigh DHS's opposition before ending a DACA recipient's removal case, and advance parole travel can now trigger re-entry bars. What stayed the same: active grants stay valid until they expire, USCIS keeps processing renewals, initial requests stay on hold, and work permits stay valid with active DACA.
What Changed — Increased Risk
- DACA alone may not end a removal case if DHS objects
- Advance parole travel can trigger the 3- and 10-year bars for some recipients (since August 13, 2026)
- The Texas case could still end DACA work permits for Texas residents
- A June 2026 DHS proposed rule (not final) would generally deny DACA work permits to applicants with any arrest, charge, or conviction
- New initial applications remain blocked — no new Dreamers can enter the program
What Stayed the Same
- Active DACA grants remain valid until expiration
- USCIS continues accepting and processing renewals
- Work permit (EAD) remains valid with active DACA
- Driver's license eligibility unchanged
- Renewals continue under the court's partial stay for people first granted DACA before July 16, 2021
Which DACA Recipients Are Most at Risk of Deportation?
The April 2026 ruling mainly affects DACA holders who are already in removal proceedings or could be placed in them, a small share of about 436,000 recipients. Risk concentrates around 4 factors: criminal convictions or pending charges, past travel without advance parole, prior removal orders, and contact with immigration enforcement.
- Have any criminal convictions or pending charges — even minor ones
- Have previously violated the terms of their DACA (e.g., traveled without Advance Parole)
- Have prior orders of removal that were administratively closed
- Have been arrested or detained by immigration authorities
If you have no criminal record and your DACA is current, your day-to-day risk has not materially changed. The ruling matters most if you are ever stopped, detained, or placed in immigration court.
Know Your Rights
You have the right to remain silent and the right to speak with an attorney if stopped by immigration officers. You are not required to answer questions about your immigration status, sign any documents, or open your door without a signed judicial warrant. Carry your EAD card at all times when your DACA is active.
What Should DACA Holders Do Right Now?
Renew Early — Do Not Let DACA Expire
File your renewal 120 to 150 days (4 to 5 months) before your expiration date, as USCIS recommends. An expired DACA means no work permit and no deferred action until you renew, and after more than 1 year you'd need a new initial request, which USCIS isn't processing.
Consult an Immigration Attorney
Individual case facts now matter more. A licensed immigration attorney can review your situation, especially if you have any arrests, a prior removal order, or travel history.
Do Not Travel Internationally Without Advance Parole
Leaving the U.S. without approved advance parole (Form I-131) puts your return at serious risk. And since Matter of Delcarmen-Lara (August 13, 2026), even approved advance parole travel can trigger the 3- and 10-year bars if you had a year or more of unlawful presence before DACA. Get legal advice before any trip.
Build a Safety Plan With Your Family
Discuss a plan with trusted family members: who to call if detained, where documents are kept, who has power of attorney for your affairs. Local DACA clinics and legal aid offices offer planning resources.
Explore Other Immigration Options
If you have a spouse, parent, or employer who could sponsor you for a different immigration benefit — a green card, a work visa — now is the time to explore it. DACA is not a path to a green card or citizenship. An attorney can identify whether any other options exist for your situation.
What Is the Only Permanent Solution for DACA Recipients?
Only Congress can create a permanent solution for DACA recipients. DACA rests on a regulation that courts are still reviewing, and any administration can try to change it. A law passed by Congress would not depend on a single court case or policy memo.
Check the USCIS DACA page for official program updates.
Administrative programs like DACA can be rescinded by executive order. Court decisions can be reversed on appeal. A law passed by Congress cannot be undone by a change in administration. Until a legislative path is passed — such as the long-stalled Dream Act — DACA recipients will remain in legal uncertainty regardless of which administration is in power.
Who Are Dreamers?
DACA recipients are often called Dreamers, a term referencing the long-proposed Dream Act legislation. They are individuals who entered the United States as children, grew up in the U.S., and have no other country they consider home. About 436,000 people held active DACA on June 30, 2026. The program does not provide a path to citizenship or a green card — it provides only temporary, renewable protection from deportation.
Frequently Asked Questions
Can DACA recipients be deported in 2026?
Yes. DACA is deferred action, not legal status. Since the April 24, 2026 Board ruling, a judge must weigh DHS's opposition before ending a DACA recipient's removal case. If you have active DACA, no criminal record, and aren't in removal proceedings, keep renewing on time and talk to an attorney if anything changes.
Does the BIA ruling cancel my DACA?
No. The ruling doesn't cancel any DACA grant or work permit. It changes how immigration judges handle requests to end removal cases for DACA recipients.
Can I still renew my DACA?
Yes. USCIS still accepts and processes DACA renewals. File 120 to 150 days before your current DACA expires, using Forms I-821D, I-765 and I-765WS. The fee is $555 online or $605 by mail (the old $495 figure is outdated).
Has the Fifth Circuit ended DACA?
No. In January 2025 the Fifth Circuit let DACA's deferred-action part stand, found the work-permit part likely unlawful, and limited its order to Texas. The Texas district court still has to issue a revised order. Renewals continue nationwide, and new initial requests remain on hold.
What is the Dream Act and why does it matter?
The Dream Act is proposed legislation that would provide a path to permanent residency — and eventually citizenship — for individuals who came to the U.S. as children. Unlike DACA, a law cannot be reversed by executive order or court ruling. It has been proposed in Congress multiple times since 2001 but has not passed. Advocates consider it the only permanent solution for Dreamers.
Where can I get free legal help with DACA?
Many nonprofits offer free or low-cost DACA help. Search the national nonprofit legal directory or the DOJ list of accredited representatives. Never pay a notario or unlicensed consultant to file your DACA.
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