What does the BIA Decision Mean for DACA recipients?

On April 24, the Board of Immigration Appeals made a decision about an immigration case that sounded the alarm for many Deferred Action for Childhood Arrivals recipients.

Typically, a person in removal proceedings can ask the judge to “terminate” those proceedings for a number of reasons, including their DACA status. In this case, the immigration judge ended the removal case because the person had DACA. The judge did not otherwise address the government’s reasons for seeking deportation. This is something immigration judges have regularly done for years, and the BIA has not questioned their decisions. However, when the government appealed this case to the BIA, the BIA judges sided with the government and said the immigration judge should have explicitly considered the government’s reasons for seeking deportation and included it in the written decision.

DACA can still be the reason that an immigration judge terminates a case, but the BIA told the immigration judge to make sure to include other factors like the government’s point of view. Because the BIA sets precedent in immigration cases nationally, this new decision has caused great concern for immigration advocates and DACA recipients, who fear that their protections under DACA are no longer in place. But that is not the case.

What does this mean for DACA and DACA recipients?

To be clear: the BIA’s decision does not take away any protections that DACA provides right now. It does not give the government more power to place someone in removal proceedings, and it does not allow the Department of Homeland Security to actually deport someone with valid deferred action status. However, if someone with DACA gets arrested and detained by immigration or other law enforcement and ends up before an immigration judge, the judge may now look into their case more closely to comply with the BIA decision. Because of this, it could be harder for them to get their case closed just because they have DACA.

Even though this decision is about how immigration judges handle cases when someone has DACA, we know it is another attempt by this administration to slash away at DACA specifically. Still, DACA remains in place, and it still protects people from deportation.

What can DACA recipients do now?

It’s more important than ever to get accurate information and know your rights. While we have seen some DACA recipients get caught up in this administration’s detention and deportation efforts, we have also seen DACA recipients released from detention and, in some cases, even returned home after unlawful and unjust deportations. If you are a DACA recipient and you end up in removal proceedings, do not give up. DACA still means protection from deportation, and we have seen what can happen when you fight back.

Helpful resources are listed below:

• Know Your Rights: What to Do if You Are Arrested or Detained by Immigration – NILC
• Know Your Rights: Five Things Parents Detained by ICE Should Know – NILC
• How to Find a Loved One After a U.S. Immigration Arrest – NILC
• How to Find an Immigration Lawyer – Informed Immigrant
• Find Legal Help Near You – Informed Immigrant
• Why Some DACA Renewals Are Taking Longer — and What You Can Do – NILC