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DACA is still in effect, but reports of arrests and deportations are on the rise

According to a DHS response released by the Senate Judiciary Committee, ICE arrested 261 DACA recipients and deported 86 from the country between January 1 and November 19, 2025.

The Deferred Action for Childhood Arrivals program, known as DACA, is still in effect in the United States, but the real scope and stability for beneficiaries is causing a lot of concern after reports of deportations.

DACA was created in 2012 to temporarily protect certain immigrants who came to the country as minors from deportation. It also allows them to apply for work authorization.

Protection does not grant permanent residency, citizenship, or a definitive immigration status, and it is a temporary measure that must be renewed periodically and can be ended in individual cases.

The U.S. Citizenship and Immigration Services (USCIS) continues processing DACA renewals, although initial applications remain limited due to court decisions.

Arrest and deportation reports

Concern grew after the Department of Homeland Security gave the Senate figures on DACA recipients detained by Immigration and Customs Enforcement.

According to a DHS response released by the Senate Judiciary Committee, ICE arrested 261 DACA recipients and deported 86 from the country between January 1 and November 19, 2025.

The government stated that 241 of the 261 detainees had some kind of “criminal record.” However, DHS didn’t publicly explain what that category included or clarify whether it involved serious convictions, minor offenses, pending charges, arrests without conviction, or other background issues.

Democratic Senators Dick Durbin, Alex Padilla, and Mark Kelly, who requested the information, questioned this lack of detail. They pointed out that such a broad category doesn’t allow for determining the actual severity of the cases or assessing whether the detentions were justified by serious crimes or by lesser issues.

The situation has also been marked by a decision from the Immigration Appeals Board issued on April 24, 2026.

Media outlets and immigration organizations have documented cases of beneficiaries who temporarily lost their work permits while waiting for a USCIS decision. PHOTO: CREATED WITH ARTIFICIAL INTELLIGENCE
Media outlets and immigration organizations have documented cases of beneficiaries who temporarily lost their work permits while waiting for a USCIS decision. PHOTO: CREATED WITH ARTIFICIAL INTELLIGENCE

In the Matter of Santiago-Santiago case, the Board concluded that an immigration judge should not close a deportation proceeding just because the person has DACA.

The decision does not cancel the program. However, it establishes that temporary protection alone does not require halting or ending a pending immigration case.

One of the most recent cases is that of Jessica Treviño, a mother from Texas and DACA recipient who was deported to Mexico in March 2026.  

According to the Associated Press, Treviño had valid DACA and work authorization until April 2027.  

After her deportation, USCIS started a process to end her protection due to an alleged unauthorized trip outside the United States. The date mentioned coincided with the day she was expelled from the country.

Treviño maintains that he did not leave voluntarily nor formally accept his deportation. The government claims he signed a voluntary departure and waived his right to appeal.

His lawyer filed a federal lawsuit to challenge the expulsion and request his return. The case still doesn’t have a final judicial ruling.

Delays also create uncertainty

Detentions are being joined by complaints about delays in renewals.

Media outlets and immigration organizations have documented cases of beneficiaries who temporarily lost their work permits while waiting for a USCIS decision.

Although those delays don’t automatically mean deportation, they can leave a person without work authorization and without renewed protection during the waiting period.

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