Supreme Court of the United States

Jefferson B. Sessions, Iii v. Luis Ramón Morales-Santana.

June 12, 2017137 S. Ct. 1678

Summary

The Court held that the gender‑based distinction in 8 U.S.C. § 1409(a) and (c) violates the equal‑protection component of the Fifth Amendment’s Due Process Clause. It affirmed the Second Circuit’s finding of unconstitutionality but declined to extend the one‑year physical‑presence exception to unwed fathers, remanding for Congress to adopt a uniform rule and directing that the five‑year requirement apply prospectively to unwed mothers.