America's top judicial body will consider case challenging citizenship by birth.

Supreme Court building

The nation's highest court has agreed to take on a significant case that puts to the test a longstanding constitutional right: guaranteed citizenship for people born in the United States.

On day one in office this winter, the President issued an executive order aiming to terminate the policy, but the move was halted by federal courts after lawsuits were brought forward.

The Supreme Court's final judgment will ultimately affirm citizenship rights for the infants of migrants who are in the US illegally or on non-immigrant visas, or it will overturn the provision completely.

Next, the judges will schedule a date to hear oral arguments between the administration and claimants, which include parents who are immigrants and their young children.

A Constitutional Cornerstone

For nearly 160 years, the Constitutional amendment has codified the principle that anyone born in the United States is a US citizen, with certain exclusions for children born to foreign diplomats and personnel of occupying armies.

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

The challenged executive order sought to deny citizenship to the offspring of people who are either in the US without legal status or are in the country on temporary visas.

The United States is one of about three dozen nations – mostly in the Americas – that provide instant citizenship to anyone born on their soil.

Laura Stone
Laura Stone

Elara is a wellness coach and writer passionate about holistic health and mindfulness practices.

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