It’s entirely possible, even likely, that the DACA decree was an illegal act unto itself because President Obama may have exceeded his executive authority. By suing to challenge Trump’s withdrawal, Becerra is running a very real risk that the federal courts will confirm DACA’s illegality.
Moreover, DACA was never intended to be a permanent exemption, but rather a respite until Congress settled on a larger reform of immigration that would give law-abiding undocumented immigrants a pathway to legitimacy.
Sadly, that hasn’t happened, but it’s possible — maybe not probable, but possible — that by giving DACA a six-month deadline, Trump will prod Congress into acting on the dreamers, and perhaps even on the larger issue.
If DACA is declared invalid, the effort to preserve it will have completely backfired.