A case that could end the Obama-era DACA program is headed back to court next month. The program has given hundreds of thousands of undocumented immigrants brought to the U.S. as kids protection from deportation and a work permit. 

DACA has been in near-constant legal limbo for years. The program was established in a federal memo in 2012 and last year, the Biden administration released a nearly-identical regulation to replace it. 

The case in question now was filed more than five years ago by Texas and other GOP-led states that argue DACA has caused their states public health and education costs.

Department of Justice lawyers say the states have failed to prove any of the harms they claimed to have suffered. 

A federal judge in Texas is now deciding whether the Biden administration’s version of DACA is legal. Oral arguments are set for June 1.