America's top judicial body has decided to consider case questioning automatic citizenship for those born in the US.

US Supreme Court

The US Supreme Court has decided to review a significant case that challenges a historic guarantee: birthright citizenship for individuals born within US borders.

On his first day in office this winter, the administration enacted a directive aiming to halt the policy, but the action was struck down by federal courts after constitutional questions were brought forward.

The Supreme Court's eventual ruling will either affirm citizenship rights for the offspring of foreign nationals who are in the US undocumented or on short-term permits, or it will overturn the provision completely.

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

A Constitutional Cornerstone

For over a century and a half, the 14th Amendment has codified the doctrine that all individuals born in the United States is a American citizen, with certain exclusions for children born to foreign diplomats and members 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 executive order sought to withhold citizenship to the offspring of people who are either in the US without legal status or are in the country on short-term status.

The United States is one of about three dozen nations – primarily in the North and South America – that grant automatic citizenship to anyone born within their borders.

Brandy Wright
Brandy Wright

Lena is a tech journalist with over a decade of experience covering consumer electronics and emerging technologies.