If they turn away the appeal, Alsup’s nationwide injunction blocking Trump’s plan to rescind DACA would remain in effect while legal challenges to the president’s action proceed. Alsup’s injunction was issued in a lawsuit led by California’s Democratic attorney general.

Under Trump’s order, DACA would begin phasing out on March 5. If Alsup’s decision remains in place, DACA beneficiaries would be able to reapply for protections past that deadline, although the administration is not processing new applications.

On Tuesday, a second U.S. judge issued a similar injunction ordering the Trump administration to keep DACA in place.