ExecutiveOrdersEO
MemoMemorandumBiden · D

Presidential Memorandum

Preserving and Fortifying Deferred Action for Childhood Arrivals (DACA)

This memorandum directs the Secretary of Homeland Security, in consultation with the Attorney General, to take all appropriate actions to preserve and fortify the DACA program, which provides temporary protection from deportation and work authorization to certain undocumented immigrants brought to the U.S. as children. It reaffirms the 2012 Obama-Biden administration policy but does not create new substantive rights or specify concrete regulatory changes.

Federal Register Open PDF 86 FR 7053

Impact dates

  1. Publication of memorandum in Federal Register

Key directives

  • Secretary of Homeland Security shall take all actions he deems appropriate, consistent with applicable law, to preserve and fortify DACA
  • Secretary of Homeland Security is authorized and directed to publish this memorandum in the Federal Register

Who is ordered

Timeline

Immediate

  • Memorandum takes effect upon signing
  • Secretary of Homeland Security directed to consult with Attorney General

Near term (90d)

  • Potential publication in Federal Register
  • Possible agency actions to 'preserve and fortify' DACA

Long term

  • Continued operation of DACA program
  • Potential legal challenges to DACA remain unresolved

Risks & tensions

  • Vague directive ('all actions he deems appropriate') leaves discretion entirely to agency; no concrete fortification measures specified
  • Does not address ongoing litigation challenging DACA's legality
  • No new regulatory text or program expansion beyond preservation
  • Rights disclaimer in Section 3(c) limits enforceability
Presidential Memorandum: Preserving and Fortifying Deferred Action for Childhood Arrivals (DACA) · Executive Orders