A federal judge in Texas hinted he’s likely going to rule against the legality of the Obama-era Deferred Action for Childhood Arrivals program, but refused to issue an injunction, finding that a group of conservative states waited too long to bring their lawsuit.

In declining to issue a preliminary injunction against DACA, U.S. District Judge Andrew Hanen of the Southern District of Texas 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.

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