America's top judicial body will review case disputing birthright citizenship.

Judicial building

The US Supreme Court has decided to review a landmark case that puts to the test a longstanding guarantee: automatic citizenship for those born on American soil.

On the inaugural day in office this January, President Donald Trump signed an order aiming to end this practice, but the order was struck down by federal courts after lawsuits were initiated.

The Supreme Court's ultimate decision will ultimately support citizenship rights for the children of foreign nationals who are in the US without authorization or on non-immigrant visas, or it will nullify the provision altogether.

Next, the judges will calendar a session to hear arguments between the federal government and plaintiffs, which involve foreign-born parents and their young children.

The Legal Foundation

For nearly 160 years, the 14th Amendment has enshrined the doctrine that all individuals 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 contested directive sought to deny citizenship to the children of people who are whether in the US without legal status or are in the country on short-term status.

The United States is one of about a minority of states – mostly in the Western Hemisphere – that grant immediate citizenship to anyone born within their borders.

Lisa Johnson
Lisa Johnson

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