The Supreme Court has declined an Obama administration request to break its recent tie over plans to protect millions of immigrants, when a ninth justice is on the bench.

The justices on Monday rejected the appeal with no comment. The high court split 4-4 in late June, effectively killing the White House's plans to shield from deportation immigrants who are in the country illegally and provide them work permits.

The court has been short-handed since Justice Antonin Scalia died in February.

The case still could return to the court, but probably not until a later term.