Memorandum on Deferred Enforced Departure for Liberians
Issued 2016-09-28 by Barack Obama
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
President Obama issued this memorandum to extend protection from deportation for Liberians who have been living in the United States since fleeing armed conflict and civil strife that began in 1991. These individuals originally received Temporary Protected Status, which ended in 2007 after the conflict concluded in 2003. President Bush then granted them Deferred Enforced Departure, which President Obama had previously extended and was set to expire on September 30, 2016.
This action extends the deportation deferral for another 18 months, through early 2018. It applies to Liberian nationals and stateless persons who last lived in Liberia, provided they have continuously resided in the United States since October 2002 and were already covered under the existing program as of September 30, 2011. The extension also includes authorization for these individuals to work legally during this period. Certain categories are excluded, including those who pose security concerns, have been previously deported, or have voluntarily returned to Liberia.
President Obama stated that he made this decision based on compelling foreign policy reasons, using his constitutional authority to conduct foreign relations. The memorandum directs the Secretary of Homeland Security to implement the necessary steps to carry out this extension.
AI-generated summary for educational purposes
Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
This presidential memorandum ("Memorandum on Deferred Enforced Departure for Liberians") provides direction to executive branch agencies. Presidential memoranda function similarly to executive orders but are typically more narrow in scope, addressing specific agencies or implementation details. The President's authority to direct executive branch operations is grounded in Article II of the Constitution.
Memoranda are a routine administrative tool. They guide agencies on priorities, interpretation of statutes, and implementation procedures. As long as they operate within the bounds of existing law and respect congressional mandates, they are a standard exercise of presidential power that every modern administration has used.
Official Summary
Administration of Barack Obama, 2016 Memorandum on Deferred Enforced Departure for Liberians September 28, 2016 Memorandum for the Secretary of Homeland Security Subject: Deferred Enforced Departure for Liberians Since 1991, the United States has provided safe haven for Liberians who were forced to flee their country as a result of armed conflict and widespread civil strife, in part through the grant of Temporary Protected Status (TPS). The armed conflict ended in 2003, and TPS ended effective October 1, 2007. President Bush then deferred the enforced departure of those Liberians originally granted TPS. I extended that grant of Deferred Enforced Departure (DED) to September 30, 2016. I have determined that there are compelling foreign policy reasons to again extend DED to those Liberians presently residing in the United States under the existing grant of DED. Pursuant to my constitutional authority to conduct the foreign relations of the United States, I have determined that it is in the foreign policy interest of the United States to defer for 18 months the removal of any Liberian national, or person without nationality who last habitually resided in Liberia, who is present in the United States and who is under a grant of DED as of September 30, 2011. The gran