The nation's highest court will hear lawsuit questioning automatic citizenship for those born in the US.

Supreme Court building

The top court has will hear a significant case that puts to the test a century-old guarantee: guaranteed citizenship for individuals born within US borders.

On his first day in office this winter, President Donald Trump signed an order aiming to end the policy, but the order was struck down by federal courts after lawsuits were filed.

The Supreme Court's final judgment will ultimately support citizenship rights for the offspring of migrants who are in the US without authorization or on short-term permits, or it will end the provision altogether.

Next, the judges will calendar a session to hear oral arguments between the federal government and the suing parties, which include immigrant parents and their infants.

The Legal Foundation

For nearly 160 years, the Constitutional amendment has codified the doctrine that all individuals born in the nation is a citizen, with exceptions for children born to embassy personnel and members 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 in violation of immigration law or are in the country on temporary visas.

The United States is one of about three dozen nations – largely in the Americas – that provide instant citizenship to any person born within their borders.

Cynthia Ward
Cynthia Ward

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