The nation's highest court agrees to review case challenging birthright citizenship.

US Supreme Court

The top court has agreed to take on a significant case that challenges a century-old principle: birthright citizenship for individuals born within US borders.

On his first day in office this winter, the administration enacted a directive aiming to halt this practice, but the action was halted by lower courts after constitutional questions were brought forward.

The Supreme Court's eventual judgment will ultimately uphold citizenship rights for the offspring of immigrants who are in the US undocumented or on temporary visas, or it will overturn those rights altogether.

Next, the justices will set a time to hear arguments between the government and the suing parties, which involve immigrant parents and their newborns.

The Legal Foundation

For nearly 160 years, the Constitutional amendment has codified the doctrine that anyone born in the nation is a citizen, with specific conditions for children born to 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 disputed executive order sought to refuse citizenship to the children 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 three dozen nations – mostly in the North and South America – that provide instant citizenship to any person born within their borders.

Shawn Reed
Shawn Reed

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