He proposed to issue an EO right out of the gate on day one. Good move, since any legislation would necessarily have to come later. Congress is not going to have a bill passed and ready to be signed the first day he takes office.
As far as passing it on to Trump, no need. Trump knows this better than you or I do. The EO is a good first start to implement the policy quickly while working on a more permanent solution. The two are not mutually exclusive.
It doesn’t take negotiating to issue an EO.
What do you think the chances are of a nationwide injunction being issued? I believe they would be very high.
Issuing an EO is easy. Articulating a plan takes effort. There’s time to do that now and build allies in Congress now.