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Original Date Announced
September 5, 2017Acting DHS Secretary Duke issues a memorandum rescinding the Obama Administration's 2012 DACA Memo and winding down the DACA program. The new memo denies DACA eligibility to any recipients who have not yet applied, but it does not terminate DACA for current beneficiaries. It also allows pending initial application requests to proceed and gives current recipients whose benefits will expire within six months a short period in which they can apply for renewal.
[ID #276]
DHS Memo: Memorandum on Rescission of Deferred Action for Childhood Arrivals (DACA)Effective Date
September 5, 2017Subsequent Trump-Era and Court Action(s)
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June 22, 2018
DACA Memorandum from Secretary Kirstjen M. Nielsen
In response to an order from DC District Court, DHS Secretary Nielsen issues an updated DACA rescission memo. The Nielsen memo "concurs with and declines to disturb" the September 2017 Duke memorandum, while purporting to provide more details on why the government decided to end DACA.
Go to article on dhs.gov -
June 18, 2020
Supreme Court DACA Decision
The Supreme Court rules that DHS's rescission of DACA was unlawful under the APA.
View Document
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.** -
July 28, 2020
Reconsideration of the June 15, 2012 Memorandum Entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children”
Rather than reinstating DACA following the Supreme Court’s order, DHS issued a new memo signed by Undersecretary of Homeland Security for Strategy, Policy, and Plans Chad Wolf in his role as Acting Secretary: “I have concluded that the DACA policy, at a minimum, presents serious policy concerns that may warrant its full rescission.” Wolf directed “DHS personnel to take all appropriate actions to reject all pending and future initial requests for DACA,” and limited DACA beneficiaries may to one-year renewals rather than two.
Go to article on aila.org -
December 4, 2020
E.D.N.Y. order in Batalla Vidal
The U.S. District Court for the Eastern District of New York ordered DHS to “post a public notice, within 3 calendar days . . . that it is accepting first-time requests for consideration of deferred action under DACA,” covering renewals and advance parole requests as well. The court had earlier held that Wolf's memo exceeded his authority as he was not legally appointed Acting Secretary of DHS.
Go to article on slnews.us
Current Status
Not in effectOriginal Trump Policy Status
Status: Final/Actual In LitigationTrump Administration Actions: Agency Directive Program TerminationSubject Matter: DACAAssociated or Derivative Policies
Pre Trump-Era Policies
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June 15, 2012
Secretary Napolitano established the DACA program in 2012.
Exercising Prosecutorial Discretion Napolitano DACA Memo