The nation's highest court will review legal challenge disputing automatic citizenship for those born in the US.

Judicial building

The top court has will hear a pivotal case that questions a century-old constitutional right: automatic citizenship for people born on American soil.

On day one in office this January, President Donald Trump signed an order aiming to terminate birthright citizenship, but the move was subsequently blocked by lower courts after constitutional questions were filed.

The Supreme Court's final decision will either support citizenship rights for the offspring of immigrants who are in the US without authorization or on short-term permits, or it will end them altogether.

Next, the court will schedule a date to hear arguments between the administration and plaintiffs, which comprise foreign-born parents and their young children.

A Constitutional Cornerstone

For more than 150 years, the Constitutional amendment has enshrined the doctrine that all individuals born in the United States is a US citizen, with specific conditions for children born to diplomats 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 executive order sought to deny citizenship to the children of people who are either in the US without legal status or are in the country on non-permanent visas.

The United States is among about a minority of states – largely in the North and South America – that award automatic citizenship to any person born within their borders.

Erin Howell
Erin Howell

Elara Vance is a legacy strategist and author focused on intergenerational wealth and family business continuity.