I’ve been hearing this for several days and talking about it on the radio. NBC News is now hearing it as well. The White House is going to rewrite the executive order on immigration.
This actually is a smart thing to do. It will cut short the existing litigation because the old executive order will be canceled. The new executive order will go through the formal review process at the agency level, amount to the same sort of pause in immigration, but it will be premised on more statutory foundations.
The President does have the power to pause immigration. Barack Obama did it. Donald Trump can do it. But it is clear the initial roll out of the initial executive order was deeply flawed and the order itself had lots of problems, including the rejection of a provision on green cards.
If the President withdraws the existing executive order, rendering the lawsuits moot, he will be in a much stronger position with the newly rewritten order. He and his staff will also have time to get both the President and outside groups on the same page.