Can DACA Recipients Be Deported?

The Short Answer: Yes, and It Always Has Been

DACA was never a legal immigration status. It is deferred action, meaning DHS agrees not to pursue removal for a defined period and, as a byproduct, makes the recipient eligible to apply for work authorization. The Fifth Circuit confirmed in January 2025 that this forbearance from removal is a lawful exercise of prosecutorial discretion. Discretion, by definition, can be withdrawn. It was never a grant of lawful presence, and it was never a path to a green card by itself.

That distinction has always mattered, but for years it was somewhat theoretical for most recipients, since actual removal of someone with active DACA was uncommon. It's less theoretical now.

What Changed on April 24, 2026

In Matter of Santiago-Santiago, 29 I&N Dec. 589 (BIA 2026), the Board reversed an immigration judge who had terminated removal proceedings based primarily on the respondent's DACA status. The Board held that termination is a discretionary decision governed by regulation, requiring the judge to weigh the reason termination is sought against the basis for any government opposition. DACA status is a factor, not a dispositive one.

Practically, this means an immigration judge can no longer treat active DACA as a reason, by itself, to end a case. If DHS opposes termination, the judge has to engage with that opposition on the merits. Before this decision, DACA status alone was often enough in practice to get proceedings closed. That is no longer reliable.

Where DACA's Legal Status Currently Stands

DACA itself remains tied up in ongoing litigation from Texas v. United States. In January 2025, the Fifth Circuit found that DACA's work authorization component was unlawfully created, but limited the injunction to Texas, since no other state had established standing. The same panel found the forbearance-from-removal piece, the part that keeps recipients from being prioritized for deportation, to be a lawful and separate exercise of prosecutorial discretion, and left that piece intact.

The case was sent back to the district court to work out how that ruling gets implemented, and as of early 2026, no new order had been issued. In the meantime, the practical status quo holds: existing DACA recipients, including those in Texas, can continue to renew. Roughly 525,000 people currently hold DACA. No new initial applications have been approved since 2021, and that has not changed.

The Specific Grounds That Can End DACA and Lead to Removal

DACA can be terminated, and termination is what typically opens the door to a Notice to Appear and removal proceedings. The grounds include:

- A felony conviction
- A "significant misdemeanor," which USCIS defines to include domestic violence, sexual abuse or exploitation, burglary, unlawful possession or use of a firearm, drug distribution or trafficking, driving under the influence, or any offense resulting in a sentence of more than 90 days in custody
- Three or more other misdemeanor convictions
- Being determined to pose a threat to national security or public safety

In most cases, USCIS has to issue a Notice of Intent to Terminate and give the recipient a chance to respond before ending DACA, under the process set out at 8 CFR §§ 236.21 through 236.25. The exception is national security-related offenses, where USCIS can terminate without that notice and opportunity to respond. Once DACA is terminated or simply expires without renewal, USCIS or ICE can issue a Notice to Appear and place the person in removal proceedings, and after Matter of Santiago-Santiago, having previously held DACA carries less weight in getting that case closed.

What the Enforcement Data Actually Shows

DHS reported that ICE arrested roughly 260 DACA recipients in 2025, and that approximately 174 were removed that year. ICE's stated enforcement strategy as of January 2026 continues to describe DACA recipients as generally low priority for enforcement. That stated priority and the on-the-ground numbers have not always lined up, and there is no complete government data yet for 2026 to know exactly how the trend is moving. What is clear is that having active DACA has never guaranteed anyone won't be arrested or placed in proceedings, and the legal tool that used to help resolve those proceedings quickly, termination based on DACA status, is now harder to rely on.

Travel Risk: Losing DACA by Leaving Without Advance Parole

Leaving the United States without approved advance parole ends DACA eligibility. As of early 2026, USCIS continues to accept and process advance parole requests for DACA recipients, but generally only for humanitarian travel, such as medical treatment or a family emergency, educational programs, or employment-related travel that's essential to a recipient's job. A $1,000 parole fee applies in most cases as of October 16, 2025, in addition to the Form I-131 filing fee, and processing has been running roughly four to eight months. Even with an approved advance parole document in hand, a Customs and Border Protection officer makes the final call on readmission at the border, and that discretion is not something advance parole overrides.

What This Means If You Currently Have DACA

Renew as early as your renewal window allows, since delays have been increasing and a lapse creates exposure that didn't exist while your DACA was active. Treat any criminal matter, even something that seems minor, as something that needs to be reviewed against the significant misdemeanor and three-misdemeanor thresholds before it becomes a problem you discover during a background check. Do not travel outside the United States without an approved advance parole document, and understand that even with one, reentry is a discretionary decision made at the border, not a guarantee. And if you are ever placed in removal proceedings, know going in that DACA status by itself is no longer a reliable basis for getting the case closed. You need an independent legal argument, and the earlier that gets built, the better your position.

If you have DACA and want to understand where you actually stand, whether that's a renewal question, a past criminal issue, or proceedings that have already started, contact Law Offices of Shawn S. Sedaghat at (818) 382-3333.

This article discusses general legal principles and does not describe any specific client or matter. Nothing here constitutes legal advice or creates an attorney-client relationship. DACA's legal status is the subject of ongoing litigation and can change; confirm current status before relying on this article.

Shawn S. Sedaghat is an immigration attorney at Law Offices of Shawn S. Sedaghat focused on deportation defense, immigration appeals, asylum, family-based immigration, and employment-based immigration. He is the firm’s founder and principal attorney and has more than 30 years of experience handling U.S. immigration matters.