The nation's highest court agrees to hear case challenging automatic citizenship for those born in the US.

Supreme Court building

The top court has decided to review a significant case that puts to the test a historic constitutional right: guaranteed citizenship for individuals born in the United States.

On his first day in office this January, the President enacted a directive aiming to halt birthright citizenship, but the move was struck down by federal courts after legal challenges were brought forward.

The Supreme Court's eventual decision will either affirm citizenship rights for the children of migrants who are in the US undocumented or on short-term permits, or it will overturn the provision altogether.

Next, the judges will set a time to hear oral arguments between the federal government and plaintiffs, which involve immigrant parents and their infants.

A Constitutional Cornerstone

For nearly 160 years, the Fourteenth Amendment has enshrined the rule that anyone born in the nation is a citizen, with exceptions for children born to embassy personnel and members of foreign military forces.

"Anyone born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States."

The contested executive order sought to withhold citizenship to the children of people who are whether in the US illegally or are in the country on non-permanent visas.

The United States is one of about 30 countries – primarily in the Americas – that award immediate citizenship to any person born on their soil.

Jeffrey Hardy
Jeffrey Hardy

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