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

Supreme Court building

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

On the inaugural day in office this winter, the President signed an order aiming to terminate birthright citizenship, but the action was struck down by lower courts after constitutional questions were brought forward.

The Supreme Court's eventual decision will either uphold citizenship rights for the children of migrants who are in the US without authorization or on short-term permits, or it will overturn them altogether.

Next, the judges will schedule a date to hear arguments between the administration and claimants, which include foreign-born parents and their infants.

The 14th Amendment

For nearly 160 years, the 14th Amendment has established the doctrine that all individuals born in the United States is a American citizen, with specific conditions for children born to diplomats and members 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 presidential order sought to refuse citizenship to the offspring of people who are either in the US without legal status or are in the country on non-permanent visas.

The United States is one of about three dozen nations – largely in the Americas – that award instant citizenship to anyone born in their territory.

Adam Ross
Adam Ross

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