(AP) — A judge has refused to dismiss a lawsuit targeting Nebraska’s denial of driver’s licenses for immigrants who came into the country as children with their families.

Retired Judge Jeffre Cheuvront (shehv-ROHNT’) on Wednesday rejected the state’s request.

The state argued that the Department of Motor Vehicles was obligated to follow state law, which the department says bars issuing to licenses to people who aren’t in the country legally. But federal law allows the young people to stay in the country as part of the Deferred Action for Childhood Arrivals Process.

Cheuvront said that “while it is true that there is no constitutional right to a driver’s license, it is equally true that such a license cannot be denied based on an unlawful classification.”