In a case in which the state of New Jersey became an intervenor on behalf of the federal government earlier this year, a federal judge in Texas refused to issue an injunction against the Obama-era Deferred Action for Childhood Arrivals program, though he hinted he might ultimately rule against the program’s legality.

In declining to issue a preliminary injunction against DACA, U.S. District Judge Andrew Hanen of the Southern District of Texas on Aug. 31 said he believed the plaintiff states have shown a likelihood to succeed on their claims that DACA violated the Administrative Procedure Act. But he found the states brought the case after the government had granted deferred action to millions of people over several years.