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A memo from the executive branch doesn't change the law anymore than a memo from me or you can act as a change in the speed limit. "Officer, I don't have to go 25mph here, I made a memo that says I can go as fast as I want, anywhere I want. I signed it and everything. Look it has my personal letterhead at the top."
"You might beat the rap, but you won't beat the ride."
This memo may not hold legal weight, but that won't mean much when ICE black-bags you and sends you to a Salvadoran gulag from which there is no escape and no contact with legal services.
That would be the case if the executive branch still cared about what the judicial branch has to say or involved the whole legislative branch in the decision making process. However, they don't and their bulldozer approach is met with very little resistance.
Or in short: Being right doesn't help you a lot if you're being right while already in their concentration camp in El Salvador.
SovCit "jurisprudence" says you can if the flag has a gold fringe.