I do not see how this could be a 5D chess play. Why would anyone leave and risk not returning for a "maybe" when they can just wait out these two years until mid-terms and see the way the wind blows. Even the never-ever threat is limited to what, 3 years tops. Maybe 2 years. It assumes another administration will retain the never-ever barrier. Big IF. If mid-terms go poorly for them they're going to be severely constrained. If they go well for them, then you still got the extra time.

Running out the clock on them seems like the best strategy. Judges will chew up the time making sure they follow the rules down to a T in the convoluted court system.

I think they might do something for DACA though, but others are going to face some hard times. My evidence for this is that they haven't done anything really negative thus far. Who knows maybe that'll change?