Criminal Charges and DACA: What Happens to Your Status
A DACA recipient in Virginia had his renewal denied on October 23, 2026 — just two days after his arrest for allegedly vandalizing a military memorial with a sledgehammer. DHS confirmed the denial publicly. For the roughly 500,000 active DACA holders across the US, this case is a sharp reminder: a criminal arrest can end your protection faster than you expect.
You have had DACA for years. Then you get arrested. Within days, USCIS denies your renewal request. That is exactly what happened to a DACA recipient in Virginia this month — and it is a warning every current DACA holder needs to understand.
On October 21, 2026, Miguel Alonso Maldonado Soriano was arrested in Quantico, Virginia, after allegedly using a sledgehammer to damage the Iwo Jima memorial. Prince William County police charged him with felony destruction of property and trespassing with intent to damage property. Soriano, a Mexican national, had entered the US in 1999 and received DACA status in October 2014 under the Obama administration. The Biden administration later renewed it. His DACA had since expired, and on October 23, 2026 — two days after the arrest — USCIS denied his renewal request. DHS Secretary Markwayne Mullin confirmed the denial publicly, calling Soriano a criminal who "has no business being in our country."
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DACA (Deferred Action for Childhood Arrivals) is a program that protects certain people who came to the US as children from deportation and gives them a work permit (called an EAD, or Employment Authorization Document). It is not a green card or a path to citizenship. USCIS can deny or terminate DACA if you are convicted of a felony, a significant misdemeanor, or three or more misdemeanors — or if you are considered a threat to public safety or national security. An arrest alone can trigger a review, even before a conviction.
How a Criminal Record Affects DACA
USCIS uses specific guidelines to decide whether a criminal matter disqualifies someone from DACA. A felony charge — like the one Soriano faces — is a serious red flag. Even if charges are later dropped, USCIS may still deny a renewal based on the underlying conduct. Prior arrests matter too: Soriano had a 2022 trespassing arrest in Stafford County. Multiple incidents, even minor ones, can combine to disqualify an applicant. If your DACA is terminated or your renewal is denied, you lose your work authorization and your protection from removal proceedings — meaning ICE can move to deport you.
What to Do If You Have a Criminal Record and Need to Renew DACA
- Talk to an immigration attorney before you file your DACA renewal (Form I-821D) — especially if you have any arrests, charges, or convictions on your record, even old or minor ones.
- Do not assume a dismissed charge or a misdemeanor is harmless. USCIS reviews the facts of the incident, not just the outcome in criminal court.
- If USCIS denies your renewal, you do not have an automatic right to appeal — but an attorney can advise on whether a motion to reopen or other options apply in your specific case.
- If you receive a notice of removal proceedings (a hearing in immigration court), respond immediately. Missing your hearing can result in an order of removal issued in your absence.
Related: our step-by-step guide — “How to Apply for Asylum”.
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Under USCIS DACA guidelines, a single felony charge is enough to disqualify a renewal applicant — you do not need a conviction. If your renewal is denied, you have no automatic appeal right, but depending on the facts, a motion to reopen or a request for prosecutorial discretion may be available. Anyone with a criminal history, even a dismissed charge, should have an attorney review their record before submitting Form I-821D.
Frequently Asked Questions
Can USCIS deny my DACA renewal just because I was arrested, even if I wasn't convicted?
Yes. USCIS looks at the facts of the incident, not just the court outcome. An arrest for a felony or a significant misdemeanor can be enough to deny your renewal, even if charges were later dropped or reduced.
What counts as a disqualifying offense for DACA?
USCIS disqualifies DACA applicants who have a felony conviction, a conviction for a 'significant misdemeanor' (which includes offenses like domestic violence, DUI, or any crime with a sentence of 90 days or more), or three or more misdemeanor convictions of any kind. A public safety threat determination can also disqualify you.
If my DACA is denied or terminated, what happens next?
You lose your work permit (EAD) and your protection from deportation. ICE can place you in removal proceedings. You will receive a notice to appear in immigration court. Missing that hearing can result in a removal order issued without you present.
Can I appeal a DACA renewal denial?
There is no formal appeal process for a DACA denial. However, an immigration attorney may be able to file a motion to reopen or explore other options depending on your situation. Acting quickly matters — consult a lawyer as soon as you receive a denial notice.