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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 and Court Action(s)
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June 22, 2018
DACA Memorandum from Secretary Kirstjen M. Nielsen
In response to an order from the 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.
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June 18, 2020
Supreme Court DACA Decision
The Supreme Court rules that DHS's rescission of DACA was unlawful under the Administrative Procedure Act.
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 to one-year renewals rather than two.
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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.
View Document
Biden Administration Action: Revoked/Replaced
January 20, 2021Preserving and Fortifying Deferred Action for Childhood Arrivals (DACA)
President Biden issues a Day 1 Executive Order committing to "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."
View DocumentBiden Administration Action: Approved/Retained
July 19, 2021Consideration of Deferred Action for Childhood Arrivals (DACA)
Reacting to Judge Hanen's decision, USCIS states that consistent with his order, "DHS will continue to accept the filing of both initial and renewal DACA requests, as well as accompanying requests for employment authorization. However, . . . DHS is prohibited from granting initial DACA requests and accompanying requests for employment authorization. Also consistent with that order, DHS will continue to grant or deny renewal DACA requests, according to existing policy."
View DocumentBiden Administration Action: Approved/Retained
August 24, 2022DHS Final Rule Preserving DACA
The final rule maintains the existing threshold criteria for DACA; retains the existing process for DACA requestors to seek work authorization; and affirms the longstanding policy that DACA is not a form of lawful status but that DACA recipients, like other deferred action recipients, are considered “lawfully present” for certain purposes.
The final rule is effective Monday, October 31, 2022. However, while a July 16, 2021 injunction from the U.S. District Court for the Southern District of Texas remains in effect, DHS is prohibited from granting initial DACA requests and related employment authorization under the final rule. Because that injunction has been partially stayed by the district court, DHS presently may grant DACA renewal requests under the final rule.
View DocumentCurrent Status
Not in effectMost Recent Action
August 24, 2022 Action: Approved/Retained DHS Final Rule Preserving DACAJanuary 20, 2021Acted on by Biden Administration
July 19, 2021Acted on by Biden Administration
August 24, 2022Acted on by Biden Administration
Original 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
DHS Secretary Napolitano established the DACA program in 2012.
Exercising Prosecutorial Discretion Napolitano DACA Memo
Documents
Trump-Era Policy Documents
Biden Administration Policy Documents
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