What NBC News is reporting is that the Plan B of the Trump White House is to get a ruling from a federal judge in Texas to declare the program illegal, which could set in motion DACA’s death within weeks (via NBC News):
The Trump administration is urging a federal court in Texas to declare DACA illegal, setting up a potential conflict that could allow the government to shut the program down within a matter of weeks.
In a motion filed late Friday, Justice Department lawyers told a judge in Texas that the program violates federal immigration law. Assuming, as expected, that the judge grants the request from DACA opponents and orders the government to stop enforcing DACA, the ruling would conflict with orders from two other federal courts that require continued enforcement of the program.
If faced with competing court orders, the Justice Department said it would then rush to the U.S. Supreme Court and tell the justices that the government would be in violation no matter what it did — keeping DACA going would violate the Texas order, while trying to shut it down would violate the other court orders.
In that event, the government would ask the Supreme Court to put a hold on all the lower court rulings. And if the justices agreed, the Trump administration would be free to shut DACA down immediately, because nothing would be in effect to prevent the government from taking that action.
The federal district judge overseeing the case, Andrew Hanen of Brownsville, Texas, will likely rule in their favor. Three years ago he blocked another Obama immigration program intended to let parents who came here illegally remain in the U.S. if they have U.S.-citizen children. Texas and the other states have argued that DACA is illegal for the same reasons that doomed that program, known as DAPA [Deferred Action for Parents of Americans].