HOUSTON (NEWSnet/AP) — A judge on Wednesday declared illegal the current version of federal policy that prevents the deportation of hundreds of thousands of immigrants who arrived in the U.S. as children.

But in his order, U.S. District Judge Andrew Hanen declined to end to the Deferred Action for Childhood Arrivals, or DACA, program and the protections it offers to recipients. His ruling was expected to be appealed to the U.S. Supreme Court, sending the program to the high court for a third time.

The program has faced a number of court challenges over the years.

The current status of DACA prohibits any new applications, but protections can remain for those already considered recipients while legal arguments continue.

There were 578,680 people enrolled at the end of March, according to U.S. Citizenship and Immigration Services. Those individuals are sometimes referred to as “Dreamers” for their hoped-for status.

The states involved in this current suit are Texas, Alabama, Arkansas, Louisiana, Nebraska, South Carolina, West Virginia, Kansas and Mississippi. The states argues the Obama administration didn’t have the authority to create the program in 2012; and that states have incurred health care, education and other costs when immigrants are allowed to remain in the country illegally.

Those defending the program argued Congress has given the Department of Homeland Security authority to set immigration enforcement policies.

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