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

Judicial building

The nation's highest court has decided to review a pivotal case that puts to the test a century-old constitutional right: guaranteed citizenship for individuals born in the United States.

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

The Supreme Court's eventual ruling will ultimately support citizenship rights for the infants of foreign nationals who are in the US illegally or on temporary visas, or it will nullify those rights altogether.

Next, the judges will schedule a date to hear oral arguments between the federal government and claimants, which comprise foreign-born parents and their newborns.

The Legal Foundation

For over a century and a half, the Constitutional amendment has enshrined the rule that every person born in the nation is a US citizen, with specific conditions for children born to embassy personnel and personnel of occupying armies.

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

The disputed presidential order sought to refuse citizenship to the offspring of people who are whether in the US without legal status or are in the country on temporary visas.

The United States is among about a minority of states – largely in the North and South America – that provide instant citizenship to anyone born in their territory.

Daniel Logan
Daniel Logan

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