The nation's highest court agrees to consider lawsuit questioning automatic citizenship for those born in the US.

Judicial building

The top court has agreed to take on a pivotal case that puts to the test a century-old principle: automatic citizenship for those born within US borders.

On the inaugural day in office this January, the administration issued an executive order aiming to end the policy, but the order was struck down by the judiciary after legal challenges were initiated.

The Supreme Court's final ruling will either uphold citizenship rights for the infants of immigrants who are in the US undocumented or on temporary visas, or it will end the provision completely.

Next, the court will schedule a date to hear arguments between the federal government and claimants, which involve parents who are immigrants and their infants.

The Legal Foundation

For over a century and a half, the Constitutional amendment has enshrined the doctrine that every person born in the nation is a American citizen, with specific conditions for children born to foreign 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 disputed presidential order sought to refuse citizenship to the offspring of people who are either in the US without legal status or are in the country on short-term status.

The United States belongs to a group of about a minority of states – largely in the Americas – that provide immediate citizenship to any person born within their borders.

Desiree Willis
Desiree Willis

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