America's top judicial body agrees to consider legal challenge questioning birthright citizenship.

Judicial building

The top court has agreed to take on a significant case that puts to the test a historic constitutional right: automatic citizenship for people born within US borders.

On day one in office this winter, the administration enacted a directive aiming to terminate birthright citizenship, but the order was subsequently blocked by federal courts after lawsuits were filed.

The Supreme Court's ultimate judgment will ultimately affirm citizenship rights for the offspring of immigrants who are in the US without authorization or on short-term permits, or it will nullify them altogether.

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

A Constitutional Cornerstone

For more than 150 years, the Constitutional amendment has codified the doctrine that anyone born in the country is a American citizen, with specific conditions for children born to diplomats and personnel of foreign military forces.

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

The disputed directive sought to deny citizenship to the children of people who are either in the US illegally or are in the country on non-permanent visas.

The United States is one of about 30 countries – primarily in the North and South America – that award immediate citizenship to any person born within their borders.

Steven Fisher
Steven Fisher

A seasoned business consultant with over 15 years of experience in strategic planning and digital transformation.