US Supreme Court will review case challenging automatic citizenship for those born in the US.

US Supreme Court

The top court has agreed to take on a pivotal case that questions a longstanding principle: birthright citizenship for those born on American soil.

On the inaugural day in office this winter, the administration signed an order aiming to terminate this practice, but the move was struck down by lower courts after legal challenges were brought forward.

The Supreme Court's eventual decision will either support citizenship rights for the offspring of migrants who are in the US undocumented or on non-immigrant visas, or it will nullify the provision completely.

Next, the justices will calendar a session to hear oral arguments between the administration and the suing parties, which comprise parents who are immigrants and their newborns.

The Legal Foundation

For more than 150 years, the 14th Amendment has enshrined the doctrine that anyone born in the country is a American citizen, with specific conditions for children born to embassy personnel and members of invading forces.

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

The challenged presidential order sought to withhold citizenship to the offspring of people who are whether in the US illegally or are in the country on short-term status.

The United States is among about a minority of states – mostly in the Americas – that grant instant citizenship to any person born on their soil.

Stacy Duran
Stacy Duran

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