America's top judicial body has decided to consider legal challenge challenging birthright citizenship.

Supreme Court building

The nation's highest court has agreed to take on a pivotal case that challenges a historic guarantee: birthright citizenship for those born in the United States.

On the inaugural day in office this winter, the administration enacted a directive aiming to terminate birthright citizenship, but the action was halted by lower courts after constitutional questions were initiated.

The Supreme Court's eventual ruling will ultimately uphold citizenship rights for the infants of migrants who are in the US undocumented or on non-immigrant visas, or it will end those rights entirely.

Next, the justices will schedule a date to hear the case between the federal government and the suing parties, which include foreign-born parents and their infants.

A Constitutional Cornerstone

For nearly 160 years, the 14th Amendment has codified the principle that anyone born in the country is a US citizen, with specific conditions for children born to diplomats and members of invading forces.

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

The challenged directive sought to withhold citizenship to the children of people who are whether in the US without legal status or are in the country on non-permanent visas.

The United States is among about a minority of states – primarily in the Americas – that provide instant citizenship to all those born in their territory.

Lisa Hill
Lisa Hill

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