Preserving and Fortifying Deferred Action for Childhood Arrivals (DACA), 7053-7054 [2021-01769]

Download as PDF Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents 7053 Presidential Documents Memorandum of January 20, 2021 Preserving and Fortifying Deferred Action for Childhood Arrivals (DACA) Memorandum for the Attorney General [and] the Secretary of Homeland Security 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. jbell on DSKJLSW7X2PROD with FR_MEMO2 (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. VerDate Sep<11>2014 21:12 Jan 22, 2021 Jkt 253001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\25JAO2.SGM 25JAO2 7054 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents (d) The Secretary of Homeland Security is authorized and directed to publish this memorandum in the Federal Register. THE WHITE HOUSE, Washington, January 20, 2021 [FR Doc. 2021–01769 Filed 1–22–21; 11:15 am] VerDate Sep<11>2014 21:12 Jan 22, 2021 Jkt 253001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\25JAO2.SGM 25JAO2 BIDEN.EPS</GPH> jbell on DSKJLSW7X2PROD with FR_MEMO2 Billing code 4410–10–P

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[Federal Register Volume 86, Number 14 (Monday, January 25, 2021)]
[Presidential Documents]
[Pages 7053-7054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01769]




                        Presidential Documents 



Federal Register / Vol. 86 , No. 14 / Monday, January 25, 2021 / 
Presidential Documents

[[Page 7053]]


                Memorandum of January 20, 2021

                
Preserving and Fortifying Deferred Action for 
                Childhood Arrivals (DACA)

                Memorandum for the Attorney General [and] the Secretary 
                of Homeland Security

                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.

[[Page 7054]]

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

                THE WHITE HOUSE,

                    Washington, January 20, 2021

[FR Doc. 2021-01769
Filed 1-22-21; 11:15 am]
Billing code 4410-10-P
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