In July, the Obama White House petitioned the Supreme Court to reconsider its tie vote on a lower court’s injunction against implementing President Obama’s executive orders that would grant deportation deferrals and even work permits to some 4 million undocumented immigrants.

On Monday, the first day of the court’s 2016-2017 session, the justices turned down the appeal.

Thus a Texas federal judge’s injunction against the two presidential edicts was left intact due to the earlier tie vote. The injunction had been issued after 26 states filed suit against the administration’s plan, arguing it was too costly for the states and overstepped presidential authority.

The administration had hoped that, by this time, the Senate would have approved the appointment of a ninth justice to take the place of the late Antonin Scalia, but the Republicans’ vow to block any appointments has held steady

Requests for rehearings before the Supreme Court are almost never granted.