The Department of Homeland Security claimed in court filings Thursday that the Biden administration is on track to restart President Donald Trump’s “Remain in Mexico” border security policy by mid-November. It is unclear if they will follow through.

A U.S. District Court in Texas ordered the Biden administration to restart the “Remain in Mexico” policy this August after Texas and Missouri sued the administration for not following the proper administrative procedures when it shut down the program on President Joe Biden’s first day in office.