On Friday, April 24, 2026, the Board of Immigration Appeals (BIA) published a new precedent holding that relief from deportation cannot be granted simply because an individual is a DACA (Deferred Action for Childhood Arrivals) recipient.
The decision stemmed from the case of Catalina “Xóchitl” Santiago, a 28-year-old DACA recipient who was detained in August by Customs and Border Protection officers while boarding a domestic flight out of El Paso, Texas. Santiago was held in an immigration detention center until October, when a federal judge ordered her release. However, since her release, she has been fighting the threat of deportation.
Santiago’s case was brought to the BIA by the Department of Homeland Security because Immigration Judge Michael Pleters ordered her removal proceedings terminated, as she holds DACA status. The BIA panel, consisting of three appellate judges, sided with the DHS and sent the case back to the immigration court to be reviewed.
In this case, the DHS argued that immigration Judge Pleters should be removed from the case due to a potential conflict of interest, as his wife, Texas Democratic Representative Veronica Escobar, has been outspoken on DACA issues. However, neither individual was named in the interim order. The attributed reason for the DHS’s sustained appeal was instead based on Santiago’s DACA status.
While Santiago will not be immediately deported, the interim order has set the legal precedent that if DACA status is not sufficient reasoning to protect an individual from deportation.
What Is the Board of Immigration Appeals and Why Is It So Influential?
The Board of Immigration Appeals is a government agency that interprets and applies U.S. immigration law, operating as the highest administrative body under the Department of Justice. The organization’s main purpose is to review decisions, such as denied immigrant visa petitions and deportation determinations made by immigration judges.
For a case to be heard by the BIA, the Department of Homeland Security or the respondent (or their authorized legal representative) can file a right to appeal a decision after meeting with an immigration judge.
The BIA is a very influential organization, as its public decisions set the legal precedents and the tone for how decisions will be made by immigration judges. Additionally, the organization informs how immigration law and policy should be interpreted by the general public.
What Does This Mean for DACA Recipients?
The DACA program, whose recipients are commonly referred to as Dreamers, is meant to protect undocumented people who were brought to the U.S. as children. DACA recipients must renew their status every two years, and it is recommended to begin the renewal process 120 to 150 days before the expiration. DACA is not currently accepting new applicants in response to a federal court ruling in July 2021.
The program is still in effect, although it has been facing various challenges. Throughout the second term of Donald Trump’s presidency, there has been an increase in DACA recipients being unlawfully deported, such as Maria de Jesus Estrada Juarez, and the 86 individuals wrongfully deported by the DHS.
With this recent ruling, DACA protections have been weakened. Based on the ruling in Santiago’s case, an immigration judge cannot dismiss a removal case strictly because an individual has DACA status. Therefore, this precedent will make it easier for the government to seek deportation measures going forward, limiting the extent to which DACA can provide relief
Contact a Deportation Attorney Today
Reeves Immigration Law Group understands that this is a frightening and confusing time, and our experienced and knowledgeable attorneys are here to stand by your side. With over 40 years of experience, our deportation attorneys have helped individuals achieve their desired results in some of the most complex cases. We understand that in a time of consistently changing legislation, this is a difficult time to navigate. If you are concerned about your or one of your loved ones’ legal rights, contact one of our deportation attorneys today.
