US Supreme Court agrees to review case challenging automatic citizenship for those born in the US.

Judicial building

The US Supreme Court has agreed to take on a landmark case that challenges a longstanding constitutional right: automatic citizenship for individuals born on American soil.

On day one in office this January, President Donald Trump issued an executive order aiming to end birthright citizenship, but the order was halted by federal courts after constitutional questions were initiated.

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

Next, the court will set a time to hear oral arguments between the federal government and claimants, which comprise foreign-born parents and their infants.

The 14th Amendment

For nearly 160 years, the 14th Amendment has enshrined the principle that all individuals born in the country is a US citizen, with exceptions for children born to 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 challenged executive order sought to deny citizenship to the offspring of people who are whether in the US illegally or are in the country on non-permanent visas.

The United States is among about three dozen nations – largely in the Western Hemisphere – that provide automatic citizenship to anyone born in their territory.

Sarah Peterson
Sarah Peterson

Elara is a seasoned travel writer with a passion for uncovering hidden luxury gems and sharing exclusive insights from her global adventures.