America's top judicial body agrees to consider lawsuit disputing birthright citizenship.

Supreme Court building

The top court has will hear a pivotal case that challenges a historic guarantee: guaranteed citizenship for individuals born in the United States.

On the inaugural day in office this winter, the administration issued an executive order aiming to terminate this practice, but the move was halted by lower courts after constitutional questions were brought forward.

The Supreme Court's ultimate ruling will ultimately affirm citizenship rights for the infants of migrants who are in the US undocumented or on non-immigrant visas, or it will nullify them completely.

Next, the court will calendar a session to hear the case between the administration and the suing parties, which include immigrant parents and their newborns.

The 14th Amendment

For nearly 160 years, the Constitutional amendment has codified the doctrine that anyone born in the country is a American citizen, with exceptions for children born to foreign diplomats and personnel of invading forces.

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

The contested presidential order sought to refuse citizenship to the children of people who are either in the US illegally or are in the country on temporary visas.

The United States is among about a minority of states – largely in the Americas – that grant automatic citizenship to all those born in their territory.

Alexis Anderson
Alexis Anderson

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