President Donald Trump’s latest offer to temporarily extend Deferred Action for Childhood Arrivals (DACA) and temporary protected status (TPS) for Central American refugees in return for his $5.7 billion border wall was always dead on arrival. It didn’t include Democrats’ input and ignored their key demand to open the government before negotiations. It did nothing for Democrats except temporarily extend two programs Trump killed by executive decree in the first place. And the current version of the bill, introduced on Monday evening, essentially destroys the system of applying for legal asylum in the United States.

But as if all that weren’t enough, there is one more reason why Democrats should reject Trump’s so-called “compromise”: the Supreme Court just effectively rendered it pointless.

On Tuesday, just hours after the text of the bill to implement Trump’s deal was released, the court declined to take up lower court decisions that blocked Trump from canceling DACA. This means that a key program Trump is offering to reauthorize for Democrats isn’t even de-authorized in the first place!

DACA, which was originally created by President Barack Obama to give temporary work permits to some 800,000 young, working immigrants known as “Dreamers,” has been winding its way through the federal courts on two legal fronts: whether it was lawful for Obama to create the program without an act of Congress, and whether Trump has the statutory authority to rescind the program without standard regulatory review.

Last year, the Ninth Circuit upheld a district court ruling that required DACA continue, finding that the president did not follow proper the regulatory process and violated the 1946 Administrative Procedure Act — a law the Trump administration seems to keep breaking every time they try to throw out existing regulations. Separately, a coalition of eight red states led by Texas sought to have DACA struck down, but conservative district judge Andrew Hanen declined to enjoin the program even while agreeing with the plaintiffs.

With the Supreme Court refusing to take up either case this term, DACA is safe — for now. The justices could revisit the issue, but the earliest they could do so would be in ten months. Which means that there is hardly a sense of urgency in Congress to legislatively extend the program — and Trump’s offer to let them looks weaker than ever.

Trump cannot wriggle his way out of the shutdown by offering to release his own hostages. Especially when the Supreme Court is already releasing the hostages for him.