America's top judicial body agrees to consider legal challenge questioning citizenship by birth.

Judicial building

The top court has will hear a pivotal case that challenges a longstanding constitutional right: birthright citizenship for those born on American soil.

On his first day in office this winter, President Donald Trump signed an order aiming to halt birthright citizenship, but the action was halted by the judiciary after constitutional questions were brought forward.

The Supreme Court's final decision will ultimately uphold citizenship rights for the infants of immigrants who are in the US illegally or on non-immigrant visas, or it will overturn those rights altogether.

Next, the justices will calendar a session to hear the case between the federal government and claimants, which comprise immigrant parents and their newborns.

A Constitutional Cornerstone

For more than 150 years, the 14th Amendment has enshrined the rule that every person born in the United States is a citizen, with exceptions for children born to diplomats and members of occupying armies.

"All persons 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 refuse citizenship to the offspring of people who are whether in the US without legal status or are in the country on non-permanent visas.

The United States is one of about 30 countries – primarily in the Western Hemisphere – that provide automatic citizenship to all those born within their borders.

Scott Booth
Scott Booth

A fintech expert with over a decade in blockchain technology and digital asset management.