Several prominent Senate Democrats are demanding a “path to citizenship” for Deferred Action for Childhood Arrivals (DACA) recipients who have criminal records.
Democrats are lamenting the DACA aliens who have been arrested during the first year of President Donald Trump’s second term, even after federal data showed that 92% of those apprehended had criminal histories beyond civil immigration violations.
Senate Minority Whip Dick Durbin (D-IL), alongside Sens. Mark Kelly (D-AZ) and Alex Padilla (D-CA), issued a joint statement condemning Immigration and Customs Enforcement (ICE) for arresting 261 DACA recipients in the first ten months of 2025.
“News of DACA recipients being arrested and deported is deeply troubling,” the senators wrote.
“These arrests disrupt families, harm communities, and inflict unnecessary social, emotional, and economic costs.
“And it is a waste of taxpayer dollars.”
They challenged the Department of Homeland Security’s assertion that 241 of the 261 individuals arrested had criminal histories, accusing the Trump administration of failing to provide “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,’” the statement continued.
“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.”
DHS: No “Right or Entitlement” to Remain
Department of Homeland Security Secretary Kristi Noem responded directly to Durbin’s concerns, making clear that DACA status does not confer permanent legal protections.
“[DACA] comes with no right or entitlement to remain in the United States indefinitely,” Noem wrote in her letter.
“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 federal data cited in Noem’s response, 241 of the 261 DACA recipients arrested, or 92%, had criminal histories unrelated to simple immigration paperwork violations.
Of the total arrested, 86 were deported.
The figures directly undercut the narrative that the enforcement actions targeted otherwise law-abiding individuals.
Durbin Calls Arrests “Wrongful”
Despite the data, Durbin escalated his criticism on social media.
“The Trump Administration just admitted to wrongfully arresting 261 DACA recipients. 86 were deported,” he wrote on X.
“Dreamers deserve a path to citizenship, not deportation.”
The push comes as Democrats continue to advocate for permanent legal status for DACA recipients.
The program was originally created through executive action under former President Barack Obama.
DACA provides temporary deportation relief and work authorization to individuals brought into the country illegally as minors.
President Trump attempted to terminate the program during his first term, but the Supreme Court blocked the move in 2020.
Now, as immigration enforcement ramps up under Trump’s second term, Democrats are renewing calls for blanket protections, even as DHS reports that the “vast majority” of those arrested had criminal backgrounds.
For the administration, the numbers speak for themselves.
For Senate Democrats, the political fight continues.
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