Executive Action Text - Preserving and Fortifying DACA

Preserving and Fortifying Deferred Action for Childhood Arrivals (DACA)

JANUARY 20, 2021 • PRESIDENTIAL ACTIONS
MEMORANDUM FOR THE ATTORNEY GENERAL THE SECRETARY OF HOMELAND SECURITY

SUBJECT: Preserving and Fortifying Deferred Action for Childhood Arrivals (DACA)

By the authority vested in me as President by the Constitution and the laws of the United States, it is hereby ordered as follows:

Section 1. Policy. In 2012, during the Obama-Biden Administration, the Secretary of Homeland Security issued a memorandum outlining how, in the exercise of prosecutorial discretion, the Department of Homeland Security should enforce the Nation’s immigration laws against certain young people. This memorandum, known as the Deferred Action for Childhood Arrivals (DACA) guidance, deferred the removal of certain undocumented immigrants who were brought to the United States as children, have obeyed the law, and stayed in school or enlisted in the military. DACA and associated regulations permit eligible individuals who pass a background check to request temporary relief from removal and to apply for temporary work permits. DACA reflects a judgment that these immigrants should not be a priority for removal based on humanitarian concerns and other considerations, and that work authorization will enable them to support themselves and their families, and to contribute to our economy, while they remain.

Sec. 2. Preserving and Fortifying DACA. The Secretary of Homeland Security, in consultation with the Attorney General, shall take all actions he deems appropriate, consistent with applicable law, to preserve and fortify DACA.

Sec. 3. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department, agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This memorandum shall be implemented consistent with applicable law.

(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

(d) The Secretary of Homeland Security is authorized and directed to publish this memorandum in the Federal Register.

JOSEPH R. BIDEN JR


https://www.whitehouse.gov/briefing-...arrivals-daca/

Why do I feel like this does nothing?

he could shore up daca against lawsuits

Translation: Stay tuned. More details to come.

This means nothing John Snow

Sec. 2. Preserving and Fortifying DACA. The Secretary of Homeland Security, in consultation with the Attorney General, shall take all actions he deems appropriate, consistent with applicable law, to preserve and fortify DACA.

This is the key line, I see it as AG will look to see what could be done to extend/fortify. Assuming it will be reviewed soon. Have to remember that anything they do will be challenged by the Ogre from Texas.

Your profile pic emanates your statement

So things staying as they are for now. Not getting better but at least not getting any worse. I guess DACA will be defended more rigorously when challenged by some states

Yeah, they are essentially dropping any legal action against daca and i believe they now have an opportunity to fortify it in whichever way they need. I would look a the lawsuits against daca's legality and they to correct them. Correct the issues and make it harder to kill.

I have no doubt that DAPA/Extended DACA would have been brought back to a full Supreme Court and ultimately enacted had Hillary won in 2016. That of course never happened, but Obama was defending it at every step of the way and I'm sure Hillary would have done the same. This is despite the fact that unlike DACA, DAPA/Extended DACA never saw the light of day thanks to Hanen's Injunction the day before it was supposed to go into effect.

DACA is a completely different story because Trump was actively trying to end it and the courts kept him from stopping it. To say that this EO to preserve it is nothing is just ignorant because it puts the full weight of the presidency and all the government lawyers behind it to defend it. Even when Texas ultimately tries to overturn it, it will be well defended and probably buys it another year before it gets to the Supreme Court...the same court that pretty much said Trump could do anything he wanted to do with immigration but of course we all know that the conservatives there won't be consistent.

TLDR; Choosing to defend rather than actively end is in fact a big deal.