The nation's highest court agrees to consider legal challenge challenging birthright citizenship.

Judicial building

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

On his first day in office this January, the administration enacted a directive aiming to halt birthright citizenship, but the action was struck down by federal courts after legal challenges were filed.

The Supreme Court's final decision will either uphold citizenship rights for the offspring of migrants who are in the US illegally or on non-immigrant visas, or it will overturn those rights entirely.

Next, the justices will calendar a session to hear the case between the government and the suing parties, which include immigrant parents and their young children.

The Legal Foundation

For more than 150 years, the Fourteenth Amendment has enshrined the rule that every person born in the country is a American citizen, with specific conditions for children born to embassy personnel and personnel of foreign military forces.

"All persons 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 withhold citizenship to the offspring of people who are either in the US illegally or are in the country on short-term status.

The United States is among about 30 countries – primarily in the Western Hemisphere – that grant immediate citizenship to anyone born in their territory.

Marissa Miller
Marissa Miller

A passionate tech journalist and gamer with over a decade of experience covering emerging trends and innovations.