The Supreme Court announced that it would not hear a challenge filed by Republican states’ attorneys general to a lower court ruling blocking Donald Trump’s “public charge” rule preventing immigrants from obtaining a green card if they are likely to receive public services, Roll Call reports.

Trump expanded the criteria for rejecting green card applicants from simply relying on cash payments to other programs like Medicare, Medicaid, SNAP (Supplemental Nutrition Assistance Program) or housing assistance.  The Trump policy gave significant authority to government agencies to bar immigrants based on the likelihood of needing any public assistance, making it nearly impossible for most migrants to qualify for a green card.

While the Court declined to hear the appeal to a 9th U.S. Circuit Court ruling deeming Trump’s action illegal, it did leave open the opportunity for the GOP attorneys general to appeal based on other grounds.

“We deny the application, without prejudice to the States raising these and other arguments before the District Court, whether in a motion for intervention or otherwise,” the high court order said. “The States may seek review, if necessary, in the Court of Appeals, and in a renewed application in this Court.”

The Biden Administration has announced that it will not defend the Trump-era public charge policy, effectively making it dead in the water.  Republicans, however, wish the courts to demand Biden enforce it, claiming that by allowing migrants to receive public health, food and housing assistance, it would cost them $1 billion.