A decision by the Board of Immigration Appeals (BIA) has cast a shadow over the Deferred Action for Childhood Arrivals (DACA) program, raising concerns about its future and signaling a potentially more aggressive approach to deportations.

BIA Reverses Prior Ruling

The BIA, an administrative court within the Justice Department, reversed the termination of removal proceedings for Catalina ‘Xóchitl’ Santiago, a DACA recipient. This decision overturned a previous ruling by Immigration Judge Michael Pleters, who had halted proceedings based on Santiago’s active DACA status.

Arguments and Recusal Request

The BIA argued that Judge Pleters erred by solely relying on Santiago’s DACA status when terminating her removal proceedings. The Department of Homeland Security (DHS) also attempted to have Judge Pleters recuse himself due to his marriage to Representative Veronica Escobar, a prominent DACA advocate. However, the BIA rejected the request for recusal.

Trend of Increased Appeals and Success Rate

This ruling is part of a broader trend of the Trump administration attempting to curtail DACA benefits through administrative actions, despite the lack of formal program termination. The BIA has demonstrated an increasing willingness to appeal favorable decisions for immigrants, with a remarkably high success rate.

BIA Success Rate Soars

Last year, the BIA sided with government lawyers in 97% of publicly posted cases, a substantial increase of at least 30 percentage points compared to the average over the past sixteen years. This trend has made it more difficult for immigrants to be granted bond, increasing the likelihood of detention.

Impact on DACA Recipients

The surge in BIA decisions – a record 70 precedent-setting cases last year – underscores a concerted effort to reshape immigration law and policy. Advocacy groups, like United We Dream, have criticized the decision as a “quiet rollback of protections” and a politically motivated attack against DACA.

Deportation Numbers Rise

Data indicates that between January and November of last year, 261 DACA recipients were arrested and 86 were removed from the country. The BIA’s decisions are setting precedents that are likely to influence immigration judges nationwide, potentially leading to more restrictive interpretations of immigration law.

Concerns About Impartiality

The fact that immigration courts operate within the Executive Office for Immigration Review (EOIR) at the Justice Department, rather than as part of the independent judiciary, raises questions about impartiality and potential political influence. The increasing number of appeals filed by Immigration and Customs Enforcement (ICE) attorneys further demonstrates a proactive strategy to tighten immigration enforcement.