I have been trying to find what piece of legislation / text / executive action rescinded the 2012 DACA memorandum.

However, I have not been able to find it. Many news websites describe the effects of this document, but I have not yet found one that links to the document itself.

In addition, I have been unable to find the document on the White House website, or at least not on the page of executive actions: https://www.whitehouse.gov/briefing-room/presidential-actions

Where can I find this?

(As a side note, this question shows where the original DACA legislation is located. Despite what I have heard so far however, it says that it wasn't issued by the president. Is this correct? I don't have a very good understanding of how this process works.)

2 Answers 2


As mentioned in the linked question, DACA was originally issued through a DHS memo. A DHS memo was also used to rescind it. Both were written by the current or acting Department of Homeland Security Secretary, not the president. (The president surely had input, but officially it is the DHS which established the policy.)

The text can be found at: https://www.dhs.gov/news/2017/09/05/memorandum-rescission-daca

It was issued on September 5, 2017 and the press release is titled "Memorandum on Rescission Of Deferred Action For Childhood Arrivals (DACA)".

The memo itself begins with:


Elaine C. Duke
Acting Secretary


Rescission of the June 15, 2012 Memorandum Entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children”

You may also be interested in Attorney General Session's letter to Acting Secretary Duke advising the recission of this memo, which can be found here.


In the United States immigration is handled by United States Citizenship and Immigration Services (USCIS) which is a part of the Department of Homeland Security (DHS). DACA is not a law or an executive order, it is a policy of DHS established in this 2012 memorandum from the Secretary of Homeland Security. As such, Trump himself did not rescind DACA but it was instead the current DHS Secretary It can be inferred for both the introduction and rescinding of DACA that the presidents had some input.

  • You're correct, my link was about his rescinding of DAPA. Thanks for pointing it out, answer has been edited accordingly
    – Gramatik
    Sep 22, 2017 at 14:54
  • 1
    The first sentence is only partly true. Immigration is also handled by other parts of DHS (namely CBP and ICE), and by the Department of State.
    – phoog
    Sep 22, 2017 at 15:09

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