US Supreme Court agrees to review legal challenge disputing citizenship by birth.

Judicial building

The top court has will hear a landmark case that challenges a century-old constitutional right: automatic citizenship for those born within US borders.

On day one in office this January, the President issued an executive order aiming to terminate birthright citizenship, but the action was struck down by federal courts after legal challenges were filed.

The Supreme Court's eventual ruling will either uphold citizenship rights for the children of immigrants who are in the US undocumented or on non-immigrant visas, or it will nullify them entirely.

Next, the justices will schedule a date to hear arguments between the government and plaintiffs, which comprise parents who are immigrants and their newborns.

The Legal Foundation

For more than 150 years, the 14th Amendment has codified the doctrine that all individuals born in the country is a US citizen, with exceptions for children born to diplomats and personnel of occupying armies.

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

The challenged directive sought to withhold citizenship to the children of people who are whether in the US without legal status or are in the country on short-term status.

The United States is one of about 30 countries – largely in the Americas – that provide automatic citizenship to anyone born on their soil.

Edward Lopez
Edward Lopez

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