Twelve Syrian refugees, including six children, will arrive Monday in Dallas and Houston despite Texas saying it does not want them. An additional nine Syrian refugees will arrive Thursday in Houston.

The development comes just days after Texas withdrew its request for a temporary court order that would have halted the resettlement. The state’s lawsuit against the federal government and a refugee-resettlement agency is moving ahead, however. In that suit, Texas is arguing that the Refugee Act of 1980 requires the federal government to consult with governors and mayors before relocating refugees to their jurisdictions. A judge could hear arguments in the case this week.

As my colleague Matt Ford reported last week:

States lack the constitutional mechanisms to directly bar refugees under current Supreme Court precedent. From a legal standpoint, refugees fall under immigration policy, which the Constitution exclusively delegates to the federal government, not the states. In 2012, for example, the Supreme Court struck down part of an Arizona law targeting undocumented immigrants because it conflicted with federal immigration law. Instead, Texas is challenging the resettlement based on the language of the Refugee Act of 1980, which requires the federal government to “consult regularly (not less often than quarterly) with State and local governments and private nonprofit voluntary agencies” about the sponsorship and distribution of refugees “before their placement in those States and localities.

Texas Governor Greg Abbott began his effort to block the resettlement of Syrian refugees on November 17, just three days after the deadly Paris attacks. Those attacks were carried out by at least one person carrying a Syrian passport who was known to have crossed into Europe as a refugee. That passport was later shown to be a fake. The nearly five-year-long Syrian civil war has spawned a humanitarian crisis, killing hundreds of thousands, and creating more than 4 million refugees. The conflict has also created a brisk trade in false Syrian passports because Syrians fleeing the civil war are more likely to be given refugee status in Europe.