America's top judicial body has decided to consider case disputing automatic citizenship for those born in the US.

Supreme Court building

The US Supreme Court has agreed to take on a pivotal case that puts to the test a historic guarantee: birthright citizenship for individuals born within US borders.

On his first day in office this January, the administration enacted a directive aiming to end the policy, but the action was halted by the judiciary after constitutional questions were brought forward.

The Supreme Court's final ruling will either affirm citizenship rights for the children of immigrants who are in the US illegally or on non-immigrant visas, or it will overturn the provision entirely.

Next, the judges will calendar a session to hear oral arguments between the administration and claimants, which involve parents who are immigrants and their infants.

The Legal Foundation

For nearly 160 years, the 14th Amendment has enshrined the doctrine that every person born in the nation is a citizen, with exceptions for children born to diplomats and personnel of invading forces.

"All persons 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 whether in the US in violation of immigration law or are in the country on temporary visas.

The United States belongs to a group of about three dozen nations – primarily in the Americas – that grant immediate citizenship to all those born in their territory.

Jennifer Barker
Jennifer Barker

Elara is a passionate writer and naturalist who crafts evocative tales inspired by the wilderness and human experiences.