The nation's highest court has decided to consider case challenging citizenship by birth.

Judicial building

The nation's highest court has decided to review a pivotal case that questions a longstanding constitutional right: guaranteed citizenship for those born on American soil.

On day one in office this winter, the administration enacted a directive aiming to end the policy, but the action was struck down by the judiciary after lawsuits were initiated.

The Supreme Court's final ruling will either support citizenship rights for the children of immigrants who are in the US undocumented or on non-immigrant visas, or it will end the provision completely.

Next, the justices will schedule a date to hear oral arguments between the federal government and the suing parties, which comprise immigrant parents and their young children.

The Legal Foundation

For nearly 160 years, the Fourteenth Amendment has enshrined the principle that every person born in the country is a US citizen, with certain exclusions for children born to foreign diplomats and personnel of occupying armies.

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

The contested directive sought to deny citizenship to the offspring of people who are either in the US without legal status or are in the country on non-permanent visas.

The United States belongs to a group of about 30 countries – primarily in the Western Hemisphere – that award instant citizenship to anyone born on their soil.

Scott Williams
Scott Williams

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