4
SESSIONS v. MORALES-SANTANA
Syllabus
continuously present in the United States for one year at any point in
her life prior to the child’s birth; but it may not be transmitted by a
U. S.-citizen father who falls a few days short of meeting §1401(a)(7)’s
longer physical-presence requirements, even if he acknowledges pa
ternity on the day the child is born and raises the child in the United
States. Pp. 17–19.
(2) The Government also maintains that Congress wished to
reduce the risk of statelessness for the foreign-born child of a U. S.
citizen. But congressional hearings and reports offer no support for
the assertion that a statelessness concern prompted the diverse phys
ical-presence requirements. Nor has the Government shown that the
risk of statelessness disproportionately endangered the children of
unwed U. S.-citizen mothers. Pp. 19–23.
2. Because this Court is not equipped to convert §1409(c)’s excep
tion for unwed U. S.-citizen mothers into the main rule displacing
§§1401(a)(7) and 1409(a), it falls to Congress to select a uniform pre
scription that neither favors nor disadvantages any person on the ba
sis of gender. In the interim, §1401(a)(7)’s current requirement
should apply, prospectively, to children born to unwed U. S.-citizen
mothers. The legislature’s intent, as revealed by the statute at hand,
governs the choice between the two remedial alternatives: extending
favorable treatment to the excluded class or withdrawing favorable
treatment from the favored class. Ordinarily, the preferred rule is to
extend favorable treatment. Westcott, 443 U. S., at 89–90. Here,
however, extension to fathers of §1409(c)’s favorable treatment for
mothers would displace Congress’ general rule, the longer physicalpresence requirements of §§1401(a)(7) and 1409 applicable to unwed
U. S.-citizen fathers and U. S.-citizen parents, male as well as female,
married to the child’s alien parent. Congress’ “ ‘commitment to th[is]
residual policy’ ” and “ ‘the degree of potential disruption of the statu
tory scheme that would occur by extension as opposed to abroga
tion,’ ” Heckler v. Mathews, 465 U. S. 728, 739, n. 5, indicate that
Congress would likely have abrogated §1409(c)’s special exception,
preferring to preserve “the importance of residence in this country as
the talisman of dedicated attachment,” Rogers v. Bellei, 401 U. S.
815, 834. Pp. 23–28.
804 F. 3d 520, affirmed in part, reversed in part, and remanded.
GINSBURG, J., delivered the opinion of the Court, in which ROBERTS,
C. J., and KENNEDY, BREYER, SOTOMAYOR, and KAGAN, JJ., joined.
THOMAS, J., filed an opinion concurring in the judgment in part, in
which ALITO, J., joined. GORSUCH, J., took no part in the consideration
or decision of the case.