Overview
- The court held oral arguments Wednesday with President Trump in the chamber, a first for a sitting president, and the policy remains blocked nationwide while the case proceeds.
- Solicitor General D. John Sauer argued that children born to undocumented immigrants or temporary visitors are not "subject to the jurisdiction" of the United States under the 14th Amendment.
- The American Civil Liberties Union urged the court to preserve longstanding precedent, citing the 1898 Wong Kim Ark ruling and warning the order could affect roughly a quarter million U.S.-born babies each year.
- Some justices questioned the government’s position, with Chief Justice John Roberts pressing how narrow historical exceptions could expand to a broad class and Justice Neil Gorsuch noting the debates focused on the child rather than the parents.
- The court could strike down the order under federal immigration law without reaching the constitutional question, and a decision is expected by late June or early July.