Congress has until midnight on Sept. 30 to strike a compromise and avoid a shutdown. Neither side seems to be budging.

The federal government’s withholding of that Congressionally appropriated funding is “illegal” and being challenged in courts, U.S. Sen. Gary Peters said during a nonprofit panel discussion hosted late last week by nonprofit fundraising consultancy Detroit Philanthropy.

The Broward school district argues its use of the program, Latinos in Action, has not been discriminatory. Still, parents received notice that it would be discontinued by January.