The nation's highest court agrees to review case questioning citizenship by birth.

Supreme Court building

The nation's highest court has will hear a landmark case that challenges a century-old principle: birthright citizenship for people born on American soil.

On the inaugural day in office this winter, the President enacted a directive aiming to end birthright citizenship, but the move was halted by the judiciary after constitutional questions were initiated.

The Supreme Court's ultimate decision will ultimately uphold citizenship rights for the infants of immigrants who are in the US undocumented or on temporary visas, or it will nullify the provision completely.

Next, the justices will set a time to hear arguments between the federal government and plaintiffs, which include parents who are immigrants and their infants.

The Legal Foundation

For nearly 160 years, the Fourteenth Amendment has codified the doctrine that all individuals born in the country is a citizen, with specific conditions for children born to diplomats and personnel of foreign military forces.

"Anyone 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 children of people who are whether in the US without legal status or are in the country on non-permanent visas.

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

Steven Jensen
Steven Jensen

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