No there's an actual provision in the law that allows the President to delay enforcement one-time for 90 days: https://www.congress.gov/bill/118th-congress/house-bill/7521... . This was an explicit provision of the bill.

The provision requires the president to tell congress that a deal is in the works. Either the executive order makes no such claim and is unlawful, or there really is a deal in the works, or the president is unlawfully making an untrue claim.

There is likely to be no punishment for either of those unlawful outcomes, but they are still unlawful.