I am afraid even if we lose in the Fifth Circuit they will think ok, looks like the driver licence trick works pretty well,why not use it with the original DACA. The Joe Arpaio DACA lawsuit is struggling only because they were not specific in showing harm to the state of Mississippi.That's why it's important for Administration to think how to legally bypass the courts and achieve similar results.
The procedure mentioned in the article allows Sec.Johnson to set the criteria people have to meet in order to obtain EAD. He just gave an example of what kind of criteria would be necessary for parents of US citizen children. The DACA extension criteria would be different.The important thing is that the procedural method exists and can be used. Additionally nobody is talking here about changing people's unlawful status to lawful presence.