The US Supreme Court has heard arguments concerning Donald Trump’s executive order to end automatic birthright citizenship – in a hearing attended by the US president.
Mr Trump’s presence in the US’s highest court on Wednesday marked a historic first for a sitting president.
The court had been considering the Trump administration’s appeal of a lower court ruling that struck down the US president’s executive order scrapping birthright citizenship for babies born to illegal and temporary migrants.
The Trump administration has argued that birthright citizenship, which is enshrined under the 14th amendment of the US constitution, has been exploited by immigrants to remain in the US.
Mr Trump, who wore a red tie and dark suit, sat in the first row of the public section of the courtroom.
After listening to the opening arguments for just over an hour, Mr Trump left the hearing.
The more than two-hour-long hearing heard arguments from US solicitor general John Sauer, representing the Trump administration, and American Civil Liberties Union, which has challenged the executive order.
Mr Sauer told the court “unrestricted birthright citizenship contradicts the practice of the overwhelming majority of modern nations”.
“It demeans the priceless and profound gift of American citizenship,” he said.
“It operates as a powerful pull factor for illegal immigration and rewards illegal aliens who not only violate the immigration laws but also jump in front of those who follow the rules.”
Mr Sauer argued a caveat in the 14th amendment that says birthright citizenship will be granted “subject to the jurisdiction thereof”, should be extended to babies born to illegal or temporary immigrations.
The phrase has historically been used to exclude the children of ambassadors and enemies during an invasion.
Conservative Chief Justice John Roberts told Mr Sauer the argument was “quirky”.
“I’m not quite sure how you can get to that big group from such tiny and sort of idiosyncratic examples,” he said.
ACLU lawyer Cecillia Wang, who argued on behalf of the challengers, told the justices Mr Trump’s order was
unlawful.
“Ask any American what our citizenship rule is and they will tell you, ‘Everyone born here is a citizen, alike’,” she said.
“That rule was enshrined in the 14th amendment to put it out of the reach of any government official to destroy.”
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Ms Wang also referenced a 1898 case, known as Wong Kim Ark, which set the precedent that the 14th amendment granted birthright citizenship to those born on US soil, including the children of foreign nationals.
“When the government tried to strip Mr Wong Kim Ark’s citizenship on largely the same grounds they raised today, this court said no,” she said, adding “this court held that the 14th Amendment embodies the English common law rule: Virtually everyone born on US soil is subject to its jurisdiction and is a citizen.”
A definitive ruling on the executive order, which Mr Trump signed on the first day of his second term to bring down immigration, is expected early in the summer.
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The 14th amendment was ratified in 1868 in the aftermath of the Civil War, which ended slavery in the US and overturned a 1857 Supreme Court decision that meant people of African descent could never be American citizens.
