A suit in New York over the Trump administration’s decision to wind down the Obama-era Deferred Action for Childhood Arrivals immigration policy will proceed after the Brooklyn federal judge overseeing a pair of overlapping suits declined on Thursday to grant the Justice Department’s request to dismiss the claims.

On the most substantial portion of the allegations—that the decision to shutter the program was arbitrary and capricious under the Administrative Procedure Act and motivated by discriminatory animus, in violation of the Constitution—U.S. District Judge Nicholas Garaufis of the Eastern District of New York found the plaintiffs had raised sufficient facts to allow the suits to go forward.