DACA was implemented by Department of Homeland Security memorandum—not even through Rule Making—and it can be removed by the same process or by Executive Order. There is no legislation being ignored or abused here; this is purely and solely an internal Executive Branch affair. Alsup is nakedly insinuating himself in what is only—can only be—a political matter and not a judicial one in a blatant violation of Constitutional separation of powers.
Even ex-Progressive-Democratic President Barack Obama (D) confessed he had no Constitutional authority to order the things DACA orders—before he had his DHS Secretary issue her memorandum.
Nevertheless, a Federal judge, William Alsup (from San Francisco and a Clinton appointee, but that has nothing to do with the illegitimacy of his ruling, only with the likelihood with which he’d issue such a thing) has barred President Donald Trump’s order rescinding it and which order also HIAed the rescission until March to give Congress time to handle the matter legislatively, which is how even Obama originally claimed he wanted it handled.
Alsup’s ruling ignores the law, ignores the supreme Law of the Land, and it creates “rights” that do not exist. DACA may be good or bad policy, but its implementation or removal is a political decision; it has no place in the judiciary. This is judicial activism at its worst. Alsup’s ruling is a clear violation of his oath of office. He needs to be dealt with accordingly.