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- By Brett Davidson
- 08 Mar 2026
The nation's highest court has decided to review a landmark case that puts to the test a century-old principle: guaranteed citizenship for those born within US borders.
On the inaugural day in office this winter, the President enacted a directive aiming to end the policy, but the move was halted by lower courts after legal challenges were initiated.
The Supreme Court's final ruling will either uphold citizenship rights for the children of foreign nationals who are in the US undocumented or on short-term permits, or it will overturn the provision completely.
Next, the judges will calendar a session to hear arguments between the government and plaintiffs, which include foreign-born parents and their newborns.
For more than 150 years, the Constitutional amendment has codified the rule that every person born in the country is a citizen, with certain exclusions for children born to diplomats and personnel of foreign military forces.
"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 offspring of people who are either in the US in violation of immigration law or are in the country on short-term status.
The United States is one of about 30 countries – largely in the North and South America – that provide automatic citizenship to anyone born on their soil.
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