A new ruling by the Board of Immigration Appeals, part of the Justice Department, could make it easier to deport DACA holders—potentially weakening protections under the program. The decision states that DACA status alone is not enough to stop deportation, potentially weakening protections for hundreds of thousands nationwide. Immigration practitioners who represent DACA recipients in removal proceedings now face a fundamentally different litigation landscape.
What changed
Under the decision, immigration judges can no longer dismiss a deportation case—even if an individual has valid DACA status, and “an immigration judge does not have the authority to dismiss a case even if you have a valid, current DACA.”
The BIA ruling eliminates what many practitioners viewed as a protective mechanism: the ability to seek case dismissal based on DACA’s work authorization and temporary legal status. Previously, judges could consider dismissal as an option, but now “you have to move forward with the case, and you are at risk of ending up with a removal order if there is no relief available.”
Why it matters
This decision creates acute vulnerability for DACA holders in removal proceedings because the program offers no direct path to permanent status. DACA is a temporary program requiring renewal every two years and offers no direct path to citizenship, and if someone is detained while their status is expiring, they could quickly lose protection and face removal.
The practical impact is severe: a DACA holder arrested during removal proceedings can no longer rely on valid DACA status as grounds for case closure. Instead, the case proceeds to full hearing, where the holder must establish separate grounds for relief (cancellation of removal, asylum, etc.). If none exist, a removal order follows.
The timing trap is especially dangerous for those in detention. If someone is detained while their status is expiring, they could quickly lose protection and face removal.
Way forward
-
Do not delay permanent-status exploration. DACA recipients should explore permanent legal options now—whether through family, education, or work visas, because DACA was never meant to be a permanent solution and waiting could limit future opportunities.
-
Review your DACA client’s removal case strategy immediately. With dismissal no longer available, shift focus to affirmative relief (cancellation of removal, asylum, family-based adjustment if eligible).
-
Coordinate DACA renewal timing with any pending removal proceedings. Renewal expiration during detention triggers rapid loss of status and heightened deportation risk.
-
Secure competent representation now. Appellate challenges to BIA precedent are difficult; focus on trial-level relief strategies while DACA remains in effect.
Disclaimer
This article is for informational purposes and does not constitute legal advice. Fola is a software company, not a law firm. Consult a licensed immigration attorney about your specific circumstances and verify this information against the primary source linked above. Immigration policy can change without notice; this article reflects the law as of its publication date.