April 28, 2026

Here's what the Board of Immigration Appeals decision means for DACA

What’s the latest update on Deferred Action for Childhood Arrivals (DACA)? 

On April 24, 2026, the Board of Immigration Appeals (BIA) weakened protections for DACA recipients who are in removal proceedingsIn doing so, the BIA instructed immigration judges to not terminate deportation proceedings against DACA recipients solely for having DACA. Instead, the immigration judge must consider Immigration and Customs Enforcement’s (ICE) interest in prosecuting an individual’s case. 

To whom does this update apply? 

The BIA’s decision only applies to DACA recipients in removal proceedings. If you do not have a pending deportation case, this decision does not apply to you. 
 
If you are a DACA recipient who is in removal proceedings, applying for renewal, or dealing with a delay, speak with a qualified attorney or accredited representative. 

Why is this update troubling? 

Throughout four different presidential administrations, DACA recipients have been consistently told their status provided protection from deportation. In fact, “deferred action,” the first two words in the DACA acronym, is a government expression of intent not to pursue deportation against the recipient. This new decision has created confusion about the government’s approach to DACA recipients: whether they intend to pursue removal against them or not. 

Does this mean DACA is over? 

No. DACA is subject to multiple federal lawsuits spanning over a decade. The general rules remain true. 

  • • If you have DACA and still meet the requirements, you can keep your DACA. 
  • • The suggested renewal period is 150 days before the current expiration date. 
  • • The government is not granting applications to let new people into the program. 
  • • In general, DACA recipients remain eligible for work permits and advance parole travel for work, educational, and humanitarian reasons. 

 

Is it true there are delays? 

Yes. There are credible reports of delays to DACA renewal applications. For various reasons the administration has failed to explain, hundreds of work permits have started to lapse. People who arrived in the U.S. as children, with no criminal record, have lost essential jobs across education, healthcare, professional services, and manufacturing. CIRA encourages DACA recipients to speak with a qualified attorney or accredited representative before the 150-day mark to reduce the likelihood of delay. 

Why is DACA still important? 

In 2020, the U.S. Supreme Court recognized DACA recipients had reasonably relied on the government’s assurances that they would be protected from deportation and able to build their lives, families, and futures in the U.S.

DACA recipients, like many others, need the permanency and stability that only a pathway to U.S. citizenship can provide. Despite years of promises and broad public support, Congress has yet to deliver permanent protections or create a pathway to citizenship.

The average DACA recipient is now over 32 years old. Congress has waited far too long to provide lasting relief for Dreamers, many of whom have spent most of their lives in the U.S. and are American in every way except on paper. 

DACA recipients are our neighbors, co-workers, and family members. They strengthen our communities and contribute billions to the economy. But living within the bounds of two-years and court decision to court decision, takes a heavy toll on DACA recipients and creates instability for entire families and communities. 

What can I do to support DACA recipients? 

Be a good neighbor. Learn about contributions DACA recipients make to our communities. Also, learn about your rights as a U.S. resident and be sure to share those with your friends and neighbors. For more information about your rights, click here.

In 2022, Immigrant Legal Center and Refugee Empowerment Center merged, and the combined nonprofit organization is now CIRA, the Center for Immigrant & Refugee Advancement. Our diverse team of experts provides exceptional, compassionate legal representation, refugee services, and social work services. We take on the most complex immigration cases, resettle refugees from around the world, and ensure all clients have access to resources they need to live. Operating in 6 different offices from Council Bluffs to Scottsbluff, our team of more than 100 full-time employees helps communities welcome immigrants and refugees as they build their lives here. We assist with all forms of family and humanitarian-based immigration, and we never turn any family away due to inability to pay.

To empower immigrants and refugees to live confidently through high-quality legal representation, resettlement, and social work and to create welcoming communities through education and advocacy.

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