Two Maine women who are suing the Department of Homeland Security over alleged First Amendment violations have had a request for emergency relief denied.

The two women sued DHS after ICE agents told them they would be added to a database for domestic terrorists for observing and recording them in January.

A judge on Tuesday said the women’s request for a restraining order against DHS would likely be unenforceable.

He said the suit raises serious constitutional issues that are better aired and resolved on a non-emergency basis.

“The scope of relief the named plaintiffs seek at this stage is too broad and too vague and likely unenforceable under the law, wrote U.S. District Judge John Woodcock in a Monday decision. “The court concludes that this lawsuit raises serious constitutional issues that are better aired and resolved on a nonemergency basis.”

The decision does not impact the underlying lawsuit the two women are pressing against DHS.