A controversial LAPD impound policy allowing unlicensed drivers to retrieve their vehicles earlier than 30 days is illegal, a Los Angeles County Superior Court judge ruled Monday.

Judge Terry Green is still deciding whether to set aside his ruling until an appeals court hears the case that has pitted the LAPD patrol union against the American Civil Liberties Union.

The Los Angeles Police Protective League sued the LAPD and city in April 2012 to halt implementation of Special Order 7, which was proposed by Chief Charlie Beck and approved by the Los Angeles Police Commission. In May, the state's attorney general released a report endorsing the order.

Special Order 7 authorizes a one-day impound that allows unlicensed drivers who have auto insurance, valid identification, and no previous citations for unlicensed driving to retrieve their vehicles before the state-mandated 30-day holding period, reports the Los Angeles Times.

The order would allow some illegal immigrants to recover their vehicles and could put the agency at risk if the released vehicles cause traffic fatalities later, the union has said.