America's top judicial body agrees to consider lawsuit questioning citizenship by birth.

US Supreme Court

The US Supreme Court has agreed to take on a significant case that questions a historic constitutional right: automatic citizenship for individuals born within US borders.

On day one in office this January, the President signed an order aiming to end this practice, but the action was struck down by federal courts after legal challenges were brought forward.

The Supreme Court's eventual judgment will either uphold citizenship rights for the offspring of immigrants who are in the US without authorization or on non-immigrant visas, or it will nullify the provision completely.

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

The Legal Foundation

For over a century and a half, the Constitutional amendment has established the principle that every person born in the country is a citizen, with exceptions for children born to embassy personnel 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 deny citizenship to the offspring of people who are whether in the US without legal status or are in the country on temporary visas.

The United States is one of about 30 countries – largely in the North and South America – that provide immediate citizenship to anyone born on their soil.

Mark Williams
Mark Williams

Elara is a passionate hiker and writer who documents her wilderness expeditions and shares insights on sustainable travel.