Yes, Hanen does not want to strike a program that has already been in place for so many years, we saw that in 2017. He is actually telling the Biden Administration how to resolve the current issue of Daca so he does not have to make that ruling.

1. Clarify what legal status that Daca provides
2. Correct the Notice-and-Commencement period

Essentially with daca in place, create a Daca2 the right way and then transfer everyone over. This way only one who can the program would the president.