US Supreme Court will hear lawsuit questioning birthright citizenship.

US Supreme Court

The top court has decided to review a pivotal case that puts to the test a century-old principle: automatic citizenship for people born within US borders.

On the inaugural day in office this winter, President Donald Trump enacted a directive aiming to end the policy, but the move was subsequently blocked by lower courts after constitutional questions were brought forward.

The Supreme Court's ultimate decision will either affirm citizenship rights for the offspring of migrants who are in the US undocumented or on non-immigrant visas, or it will overturn those rights entirely.

Next, the court will calendar a session to hear the case between the federal government and plaintiffs, which involve foreign-born parents and their infants.

The Legal Foundation

For more than 150 years, the 14th Amendment has enshrined the principle that anyone born in the nation is a American citizen, with certain exclusions for children born to diplomats and members of foreign military forces.

"All persons 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 deny citizenship to the children of people who are either in the US without legal status or are in the country on temporary visas.

The United States is among about 30 countries – primarily in the Americas – that grant automatic citizenship to anyone born in their territory.

Michael Garcia
Michael Garcia

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