Several prominent Democrats decried the fact that Immigration and Customs Enforcement (ICE) apprehended a number of DACA (Deferred Action For Childhood Arrivals) recipients during the first year of President Donald Trump’s second term, demanding that they be given a “path to citizenship” in spite of data showing the “vast majority” of them had criminal histories.
Senate Minority Whip Dick Durbin (D-IL) released a joint statement with Sens. Mark Kelly (D-AZ) and Alex Padilla (D-CA), protesting the arrests and casting doubt on Homeland Security’s assertion that 92% had criminal histories outside of immigration-related civil violations.
News of DACA recipients being arrested and deported is deeply troubling. These arrests disrupt families, harm communities, and inflict unnecessary social, emotional, and economic costs. And it is a waste of taxpayer dollars. Secretary Noem’s response to our letter claims that 241 of the 261 DACA recipients arrested had ‘criminal histories,’ without providing any further details. DACA recipients go through strict background checks every time they renew this protection, and the Trump Administration has not hesitated to arrest immigrants with no serious criminal convictions and falsely label them the “worst of the worst.” In the face of this Administration’s actions, it is important for Congress to protect young people who know no other home than the United States and continue the critical work to find a pathway to citizenship for them. We won’t accept partial information, and we demand that Secretary Noem provide more information on their basis for arresting and deporting DACA holders immediately.
Department of Homeland Security Secretary Kristi Noem, in her letter to Durbin, explained, “[DACA] comes with no right or entitlement to remain in the United States indefinitely. Aliens with certain criminal histories will not be considered for DACA. Further, those who violate the terms are also subject to termination and removal.”
According to data compiled by the federal government and shared in Noem’s letter to Durbin, immigration agents arrested 261 DACA recipients in the first ten months of 2025 — and 241 (92%) of those arrested had criminal histories apart from civil immigration violations. Just over one-third (86) of those arrested were subsequently deported.
Durbin responded by claiming that the arrests were “wrongful,” despite the overwhelming number with criminal histories, and that “Dreamers” should be given a path to citizenship.
“The Trump Administration just admitted to wrongfully arresting 261 DACA recipients. 86 were deported. Dreamers deserve a path to citizenship, not deportation,” he posted on X on Thursday.
DACA was a program implemented by former President Barack Obama’s administration, and offered work permits and temporary deportation protections for those who either entered the United States illegally or overstayed their visas when they were children. President Trump’s first-term attempt to terminate DACA altogether was blocked by the Supreme Court in 2020.