America's top judicial body has decided to consider legal challenge disputing birthright citizenship.

Judicial building

The US Supreme Court has decided to review a landmark case that puts to the test a longstanding principle: birthright citizenship for those born on American soil.

On the inaugural day in office this winter, President Donald Trump enacted a directive aiming to terminate birthright citizenship, but the move was halted by federal courts after lawsuits were filed.

The Supreme Court's ultimate decision will either support citizenship rights for the children of migrants who are in the US without authorization or on short-term permits, or it will overturn them entirely.

Next, the judges will schedule a date to hear oral arguments between the administration and plaintiffs, which comprise parents who are immigrants and their infants.

The Legal Foundation

For over a century and a half, the Constitutional amendment has enshrined the doctrine that anyone born in the country is a citizen, with certain exclusions for children born to diplomats and personnel of occupying armies.

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

The contested directive sought to deny citizenship to the children of people who are whether in the US without legal status or are in the country on short-term status.

The United States is among about 30 countries – largely in the Americas – that provide instant citizenship to all those born within their borders.

Amanda Martinez
Amanda Martinez

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