A federal judge in Texas wants to move forward on a case that could end DACA. The Obama-era program gives some undocumented immigrants brought to the U.S. as children temporary protection from deportation and a work permit but has been under legal scrutiny for years. 

Judge Andrew Hanen of Texas ruled DACA was illegally created, and the case moved to an appeals court earlier this year. That court sided with Hanen, but kicked the case back to his courtroom to consider a new DACA rule enacted by the Biden administration.

Now Hanen says there are no more "procedural barriers" preventing the case from moving forward and asks attorneys to come up with a schedule for new arguments by mid-December. 

The new rule has few differences from the original, Obama-era program, but was meant to strengthen DACA from legal scrutiny. Advocates say that hasn’t worked. They argue the only way to truly safeguard DACA and its recipients is through legislative action.

Democratic lawmakers in Congress are pushing to pass permanent protections for DACA recipients before the end of the year, but the Senate has not yet voted on the measure.