Until now, the legal debate around DACA has not focused on the constitutionality of its cancelation, but on the fact that DACA was an executive action. It was unknown whether the courts would challenge the extent of exective power— the president, as head of the executive branch, has the power to make executive orders, as former president Barack Obama did with DACA, and as President Trump did by undoing the program.

“Repealing DACA would be a tragic mistake,” Eisgruber wrote. “DACA is a wise and humane policy that benefits this country in multiple ways. It has allowed talented and motivated students, who came here as a result of decisions by their parents, to pursue educations and contribute positively to our communities and our country.”