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The U.S. Supreme Court has deadlocked on President Barack Obama’s executive order on immigration.

The 4-4 tie on United States v. Texas (pdf) sets no precedent, but leaves in place a previous ruling by a lower court that blocks the Deferred Action for Parents of Americans (DAPA) order from going into effect, meaning five million undocumented immigrants are now at risk for deportation and being separated from their families.

In a press conference following the decision, Obama said, “This is a very clear reminder of why it’s so important for the Supreme Court to have a full bench,” castigating Republicans for refusing to meet with his Judge Merrick Garland, his nominee to replace the late Justice Antonin Scalia.

Ana Maria Archila, co-executive director at the Center for Popular Democracy, said in a statement Thursday, “Today, we mourn the Supreme Court deadlock on President Obama’s executive order. The lack of a decision allows the politically motivated ruling from the Fifth Circuit Court of Appeals to stand. Millions of immigrant families have lived in limbo for the past 18 months and this decision prolongs their agony.”

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“If the highest court in the land cannot find a majority for justice and compassion, there is something truly broken in our system of laws, checks and balances,” she said.

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