The Justice Department's Board of Immigration Appeals issued a precedent-setting decision last Friday, ruling that immigration judges cannot terminate deportation proceedings solely because a recipient holds active Deferred Action for Childhood Arrivals status.

In the case known as Matter of Santiago, a three-judge panel sided with Department of Homeland Security lawyers. They overturned El Paso Immigration Judge Michael Pleters' earlier decision to end removal proceedings against Catalina "Xóchitl" Santiago based only on her DACA status. The board remanded the case to a different judge for further review, stating the initial judge erred by relying exclusively on DACA protections.

The ruling establishes nationwide precedent, potentially exposing hundreds of thousands of DACA recipients, known as Dreamers, to continued deportation proceedings. As of September 2025, approximately 505,900 individuals held active DACA status across the United States, with the largest numbers in California (141,470), Texas (84,430), and Illinois (26,850).

DACA, established by executive action in 2012 under President Barack Obama, provides temporary protection from deportation and work authorization to certain undocumented immigrants brought to the U.S. as children before 2007. It does not confer legal permanent status or a path to citizenship and requires renewal every two years. U.S. Citizenship and Immigration Services continues to process renewals but has halted initial applications due to ongoing court injunctions.

The Trump administration has intensified scrutiny of DACA recipients during its second term. Department of Homeland Security officials have emphasized that DACA offers no legal entitlement to remain in the country indefinitely. From January to November 2025, authorities arrested at least 261 DACA recipients nationwide, including 75 in Texas, and deported between 86 and 174, according to varying agency figures provided to Congress.

DHS has urged self-deportation among recipients and pursued removals, particularly for those with criminal histories, though many arrests involve individuals without convictions. A senior DHS official described Santiago as a "criminal illegal alien" with charges including trespassing and drug possession.

The decision aligns with broader immigration enforcement priorities, where the BIA has backed DHS in 97% of appealed cases last year, far exceeding historical averages. DACA remains in legal limbo amid court challenges, but the ruling signals heightened vulnerability for recipients facing removal proceedings.