DACA Status Not Enough to Stop Deportation Proceedings, US Panel Rules

A US immigration appeals panel has ruled that immigration judges cannot end deportation proceedings solely on the basis of a person’s Deferred Action for Childhood Arrivals (DACA) status.

The decision comes from the Board of Immigration Appeals (BIA), which reviewed how immigration judges handle cases involving DACA recipients. The panel said that deferred action remains a discretionary form of relief and does not, on its own, require termination of removal proceedings.

DACA was introduced in 2012 to provide temporary protection from deportation and work authorisation for undocumented immigrants who were brought to the United States as children. Beneficiaries, often known as “Dreamers,” have typically lived in the country for most of their lives, despite lacking permanent legal status.

The BIA ruling followed an appeal by the Department of Homeland Security, which argued that lower courts had incorrectly dismissed deportation cases without fully considering the government’s position. The panel confirmed that immigration judges must assess all relevant arguments before deciding whether proceedings should continue.

The decision comes amid growing concerns about delays in the DACA renewal process. Representative Lloyd Doggett criticised the extended processing times, saying renewals that once took around two months can now take six months or longer.

He said, “These talented young Dreamers, who have so much to offer America, are losing their jobs, their licences, and their legal status. This is deportation by delay.”

Legal uncertainty surrounding the programme has increased following a ruling by the Fifth Circuit Court of Appeals in January 2025, which found DACA unlawful. The ruling limited new applications in Texas but allowed existing protections to remain in place nationwide.

US Citizenship and Immigration Services continues to process renewals but cannot approve new initial applications. Efforts to provide permanent protections continue in Congress. The American Dream and Promise Act of 2025, reintroduced by Representatives Sylvia Garcia and Pramila Jayapal, proposes a pathway to citizenship for Dreamers.

The bipartisan Dream Act of 2025, supported by Senators Richard Durbin and Lisa Murkowski, would create a two-step process leading from conditional permanent residence to eligibility for a green card. The proposals could affect more than 2.5 million people.

Supporters of the legislation say DACA recipients are fully integrated into US society. Representative Greg Stanton said, “DACA recipients grew up here. They’re our neighbours, our teachers, our nurses, our small business owners, and leaders. Passing the American Dream and Promise Act is long overdue.”