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Thousands of Protected Migrants Could Be Deported by ICE

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Thousands of Protected Migrants Could Be Deported by ICE
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A recent ruling by the Board of Immigration Appeals allows deportation proceedings to continue against DACA recipients, even if they maintain active protected status, overturning an earlier dismissal of a case involving a detained DACA recipient. The decision strengthens the Trump administration's ability to pursue deportations of certain Dreamers, despite prior assurances of protection. DACA, which does not confer legal immigration status, has been under sustained legal and policy pressure since 2017. Advocacy groups and lawmakers have criticized the move as part of a broader effort to dismantle the program.

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By Billal RahmanImmigration ReporterShareNewsweek is a Trust Project memberSee more of our trusted coverage when you search.Prefer Newsweek on Googleto see more of our trusted coverage when you search.A decision by the Justice Department could make it easier for the Trump administration to pursue deportation cases against some immigrants protected under the Deferred Action for Childhood Arrivals (DACA) program, according to a new ruling.The decision, issued by the Board of Immigration Appeals (BIA), clarifies that immigration judges cannot terminate deportation proceedings solely because a person has active DACA status. The underlying case involved Catalina "Xóchitl" Santiago, a DACA recipient who was taken into custody by Customs and Border Protection officers while attempting to board a domestic flight at El Paso airport in August. Santiago was placed in removal proceedings following an arrest that prompted immigration enforcement review. An immigration judge initially dismissed the case, citing her DACA status, but the Department of Homeland Security (DHS) appealed. Newsweek has contacted the Department of Justice for comment via email....DOJ Ruling Expands Deportation ReachThe BIA is an administrative appellate court within the Justice Department. After an immigration judge issues a decision, both the individual and DHS may appeal the ruling to the BIA. Its published decisions help establish precedent for immigration judges nationwide and influence how immigration law and policy are interpreted. The order issued on Friday marks the latest action by the Trump administration to reduce protections for DACA recipients.DACA, created in 2012, provides temporary protection from deportation and work authorization to certain immigrants brought to the United States as children. However, it does not grant lawful immigration status, and recipients remain subject to removal if they commit crimes under federal law.Santiago's case has drawn widespread attention. After her arrest in August, she remained in immigration detention until a federal judge ordered her release in October, and she has continued to challenge the deportation proceedings in immigration court.The BIA's ruling that DACA status alone is not sufficient to terminate removal proceedings sides with DHS and sends the case back to an immigration judge for further review.A senior DHS official previously told Newsweek: "CBP arrested Catalina Santiago, a criminal illegal alien from Mexico, on August 3, 2025, at the El Paso International Airport. Her criminal history includes charges for trespassing, possession of narcotics and drug paraphernalia."The DHS spokesperson added: "Illegal aliens who claim to be recipients of Deferred Action for Childhood Arrivals (DACA) are not automatically protected from deportations. DACA does not confer any form of legal status in this country. Any illegal alien who is a DACA recipient may be subject to arrest and deportation for a number of reasons, including if they've committed a crime."How Many DACA Recipients Are in the US?As of September 2025, about 505,900 people in the United States had active DACA status, according to the Migration Policy Institute.Mexico accounts for the largest share of DACA recipients at 411,380, far exceeding any other country of origin in the dataset, the institute said. After Mexico, the next highest totals were El Salvador (20,110), Guatemala (13,620) and Honduras (12,550). Smaller but still significant populations came…

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