He has the authority but doesn't want to take the heat for making a decision one way or the other.
Jeffrey Toobin is CNN's senior legal analyst and author of "The Oath: The Obama White House and the Supreme Court".
But, apart from Trump's motivations, was his action on DACA the right deed?
Brad Smith, president and chief legal officer of Microsoft, said Tuesday that while he believes Congress should now prioritize DACA over tax reform, Microsoft should be prepared for the possibility that Congress will not act in the next six months.
"Well, I think as - as you know, and I've said this before to you, Jose, but I'm not a king, You know, my job as the head of the executive branch ultimately is to carry out the law".
Fifteen states, including Illinois, and the District of Columbia sued Wednesday to block President Donald Trump's plan to end a program protecting young immigrants from deportation - an act Washington state's attorney general called part of a "dark time for our country".
San Francisco Mayor Ed Lee expressed his support for DACA in a statement.
"We just want to stay here", said Alejandra De Lavega, a 29-year-old transgender woman from Costa Rica who is a member of the DACA program.
But handing off the decision to Congress, which has shown itself unwilling to address the issue of "Dreamers", is a decision itself. Some students who supported the ending of DACA observed the protest from along the march route.
"For all of those (DACA) that are concerned about your status during the 6 month period, you have nothing to worry about - No action!" As always in this galactically disastrous presidency, the big question going in is, how will Lara shine up this gold-plated Buddha of a week?
California Senate Republican Leader Patricia Bates declined to comment.
The revocation of DACA is a direct attack on immigrant communities, threatening the education and livelihoods of 800,000 young people who now face the real possibility of deportation. He said that he would gradually wind down the program over a period of two years.
"Earlier today, he tweeted, 'Congress, get ready to do your job".
The "Dreamers" are students, soldiers, employees and some are now the parents of American citizens.
President Trump's position on DACA has taken several twists and turns over the years.
There's enough of the American dream to go around if we play our cards right and eliminate the "us versus them" mentality. Actually, the boat wasn't actually in distress. No doubt it's only a matter of when, not if, they all receive a Nobel Prize in their chosen fields of endeavor.
Apple chief executive Tim Cook sent out a company-wide email following Tuesday's announcement saying that Apple would make immigration lawyers available to the 250 Dreamer employees. I am not alone either. The media only shows you the sweet little A-student who volunteers at her local nursing home, but it doesn't tell the negative stories that invariably exist.
"Practically speaking, there's 800,000 DACA recipients and the government doesn't have the resources to initiate removal proceedings against all 800,000", she said. "It's up to us to do everything we can (to) build more ladders of success for every child and family that's willing to work hard". Give a privileged political class an inch and they'll take, take, take until feckless public servants give away their country.