The Trump administration is making the deportation of immigrants covered by the Deferred Action for Childhood Arrivals (DACA) program much easier. A recent decision by the Board of Immigration Appeals (BIA) establishes that being a DACA recipient alone does not qualify an individual for deportation relief, reports NPR.
Also referred to as ‘Dreamers,’ DACA recipients are individuals who have received Deferred Action for Childhood Arrivals (DACA), a US immigration policy that protects undocumented immigrants who entered the country as children. ‘Dreamers’ in America are those undocumented immigrants who were brought to the United States as children.
The Deferred Action for Childhood Arrivals (DACA) program, established in 2012, offers temporary employment authorization and protection from deportation to undocumented minors in the US. Over 800,000 current beneficiaries continue to benefit, but USCIS adjudication of new applications has been suspended since a nationwide injunction in 2021.
On X, Rep Lloyd Doggett shared his concern about the current situation for Dreamers, “In 2024, Trump said, ‘we have to do something about the Dreamers.’ He did. A renewal that took 60 days now takes six months or more. These talented young Dreamers, who have so much to offer America, are losing their jobs, their licenses, and their legal status. This is deportation by delay.”
Board of Immigration Appeals Order
A three-judge panel of appellate immigration judges in the BIA order stated that, “While the regulations provide Immigration Judges with the authority to terminate proceedings where the ‘alien is a beneficiary of . . . deferred action,’ the regulations also expressly provide that this action is an ‘exercise of discretion”
Their judgment was based on the fact that the Immigration Judge erred in terminating removal proceedings based solely on the fact that the respondent had been accorded Deferred Action for Childhood Arrivals (DACA) and without considering the reasons for any opposition to termination.
The appeal filed by the Department of Homeland Security was sustained, and the BIA sent the case back to a different immigration judge for review.
DACA Facing Challenges
DACA, established in 2012, protects around half a million children who arrived in the U.S. illegally before 2007 from deportation. But this BIA’s verdict highlights a crucial aspect of the DACA rule, potentially undermining protections for hundreds of thousands of other Dreamers.
The DACA program has been challenged earlier, too. In January 2025, the U.S. Court of Appeals for the Fifth Circuit ruled the DACA program unlawful, allowing existing protections to remain and narrowing the injunction on new benefits to apply only in Texas.
Pursuant to the court’s order of January 2025, USCIS continues to accept and process DACA renewal requests and accompanying applications for employment authorization under the DACA regulations. USCIS also continues to accept initial requests, but will not process initial DACA requests at this time. According to USCIS, current grants of DACA and related Employment Authorization Documents remain valid until they expire, unless individually terminated.
DACA Getting Support
However, there have been certain bills introduced in Congress that aim to provide more protection to the Dreamers.
In February 2025, Congresswomen Sylvia Garcia and Pramila Jayapal reintroduced the bipartisan American Dream and Promise Act of 2025. The bipartisan American Dream and Promise Act proposes to provide a pathway to citizenship to Dreamers, undocumented immigrants who were brought to the United States as children.
Rep Greg Stanton recently came in support of the ‘American Dream and Promise Act’ on X. Stanton tweeted, “DACA recipients grew up here. They’re our neighbors, our teachers, our nurses, our small business owners, and leaders. Passing the American Dream and Promise Act is long overdue. The bill will guarantee permanent protections for Dreamers & provide them a pathway to citizenship.”
On December 4, 2025, the Dream Act of 2025, a bipartisan bill sponsored by Senators Richard Durbin and Lisa Murkowski, was introduced to allow Dreamers to seek legal status and protection from deportation, and if they meet certain requirements, obtain a green card. The Dream Act implementation can help children of H-1B holders, Dreamers, and DACA participants who expect to receive a US green card.
Dream Act 2025 proposals could allow nearly 525,000 Deferred Action for Childhood Arrivals (DACA) recipients, as well as another two million eligible Dreamers brought to America as children, to stay in the U.S. The bill could also allow 250,000 documented Dreamers to stay in the U.S. and obtain permanent legal status.
The Dream Act of 2025 proposes a two-step process to obtain legal status. In the first step, the Dream Act of 2025 would create a Conditional permanent resident status, and in the second step, the Conditional permanent resident status can be changed to lawful permanent resident or green-card holder status.
Disclaimer: This article is intended for general awareness only and should not be construed as legal or immigration advice. The BIA ruling cited is case-specific and does not constitute a universal precedent for all DACA recipients. DACA protections, renewal processes, and deportation proceedings are subject to ongoing legal challenges, court orders, and executive policy changes. Dreamers and DACA recipients are strongly advised to consult a licensed immigration attorney for personalised legal guidance before taking any action.