The Trump administration’s handling of DACA recipients is undergoing a significant change, with arrests of recipients this year signaling a departure from prior practice. DHS reported that ICE arrested roughly 260 DACA recipients in 2025, and as many as 174 DACA recipients had been deported. If you represent DACA clients, this shift requires you to reassess both renewal strategy and the protective value of the status.
What changed
A DACA recipient in Texas was arrested when federal agents appeared at his home, took him into custody, and the Trump administration said it targeted him over social media posts — despite Vijandre being a recipient of the Obama-era Deferred Action for Childhood Arrivals program that has shielded hundreds of thousands from deportation since 2012.
DACA was created to shield recipients, commonly referred to as “Dreamers,” from immigration arrests and deportation, and allows them to legally work in the U.S., with recipients reapplying every two years. Previously if a recipient’s status was in jeopardy, they would receive a warning and would still have a chance to fight it before immigration officers detained them and began efforts to deport them.
That practical protection is now gone. There is “a growing pattern” of the Trump administration placing DACA recipients in removal proceedings despite court rulings upholding DACA status, and Department of Homeland Security Spokeswoman Tricia McLaughlin asserted that “DACA does not confer any form of legal status in this country” and that “a DACA recipient may be subject to arrest and deportation.”
Additionally, in April 2026, the Board of Immigration Appeals—a politically appointed panel of judges that hears appeal cases and interprets immigration law—sided with DHS in a precedent-setting decision that makes it easier to deport DACA recipients.
Why it matters
For immigration attorneys, DACA was long a lower-risk protective status that allowed clients to work legally while pursuing longer-term remedies. That risk calculus has inverted.
Renewal is no longer automatic protection. Immigrants now face increased vetting, including of their social media, when they apply for visas, green cards, citizenship, or to request the release of their children from federal custody. If a DACA client has any social media presence that could be characterized as political activism, travel history, or minor legal contact, renewal is now a live enforcement trigger.
Arrests happen without warning. The prior norm—a warning letter before detention—no longer applies. Stories of individuals with active DACA being detained and deported in 2026 include Maria de Jesús Estrada Juárez, Juan Sebastian Chavez Velasco, and José Contreras Díaz.
The BIA precedent shifts adjudication. Once the Board of Immigration Appeals rules in DACA deportation cases, that interpretation binds all immigration judges and officers. The April 2026 decision makes removal arguments harder to win on appeal.
If you have DACA clients in removal proceedings or facing renewal, you need updated risk assessments. Clients who thought DACA was a safe harbor now need contingency planning.
Way forward
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Audit active DACA cases immediately. If your client is in removal proceedings and you argued DACA as a shield, research whether the April 2026 BIA precedent applies to your pending case. Consider filing a motion to stay or terminate proceedings.
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Advise renewal clients on enforcement risks. Before your client renews DACA, review social media, travel, and any prior law enforcement contact. Flag anything that could trigger vetting scrutiny. Document your advice that renewal is no longer risk-free.
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Prepare alternative relief strategies now. For clients whose DACA status is threatened, develop backup plans: asylum (if eligible), cancellation of removal, voluntary departure, or U/T visa applications if there’s any trafficking or crime victim angle.
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Monitor the BIA ruling. Obtain the April 2026 precedent decision immediately and integrate its holdings into your removal defense and DACA renewal advice. Know what the new legal standard is.
Disclaimer
This article explains policy announcements and does not constitute legal advice. Fola Editorial is not a law firm. Verify all information against the primary source URL linked above, and consult a licensed immigration attorney about your specific case. Immigration policy can change without notice, and enforcement priorities shift rapidly. The facts of individual cases vary widely.