US Supreme Court agrees to hear legal challenge disputing birthright citizenship.

Judicial building

The top court has decided to review a pivotal case that puts to the test a historic constitutional right: birthright citizenship for those born on American soil.

On day one in office this winter, the President enacted a directive aiming to terminate birthright citizenship, but the move was struck down by federal courts after constitutional questions were initiated.

The Supreme Court's final judgment will either affirm citizenship rights for the children of foreign nationals who are in the US illegally or on non-immigrant visas, or it will nullify the provision altogether.

Next, the court will set a time to hear oral arguments between the federal government and plaintiffs, which comprise immigrant parents and their newborns.

The Legal Foundation

For nearly 160 years, the Constitutional amendment has established the rule that all individuals born in the United States is a citizen, with specific conditions for children born to embassy personnel and personnel of foreign military forces.

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

The disputed directive sought to refuse citizenship to the offspring of people who are whether in the US in violation of immigration law or are in the country on temporary visas.

The United States is among about a minority of states – mostly in the Americas – that grant instant citizenship to all those born in their territory.

Dana Ferguson
Dana Ferguson

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