The renewal deadline for recipients of the Deferred Action for Childhood Arrivals (DACA) program will not be extended beyond Oct. 5, a Department of Justice (DOJ) attorney said Tuesday.

Deputy Assistant Attorney General Brett Shumate said during a hearing Tuesday that the Department of Homeland Security won't extend the deadline after U.S. District Judge Nicholas Garaufis had recommended the action as a legislative fix is being crafted, CNN reported.

Garaufis said during the hearing that he had worked with every branch of government and had "never seen a circumstance like this."

"You can't come into court and espouse a position that's heartless," Garaufis said in court. ADVERTISEMENT "It's unacceptable to me as a human being and as a person. I'm glad I was born in Paterson, N.J., and not Mexico City."

Current DACA recipients whose permits expire on or before March 5, 2018, can apply for renewal by Oct. 5.

The Trump administration announced earlier this month it was ending the DACA program.

After the announcement, several states filed lawsuits against Trump's decision to end the program.

Trump has expressed hope that Congress can put together a legislative solution.