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- By Rhonda Cooley
- 04 Mar 2026
The nation's highest court has agreed to take on a pivotal case that questions a century-old constitutional right: birthright citizenship for those born in the United States.
On the inaugural day in office this winter, the President issued an executive order aiming to end birthright citizenship, but the action was subsequently blocked by lower courts after lawsuits were brought forward.
The Supreme Court's ultimate decision will either affirm citizenship rights for the children of foreign nationals who are in the US undocumented or on short-term permits, or it will nullify those rights entirely.
Next, the judges will set a time to hear arguments between the government and the suing parties, which involve immigrant parents and their infants.
For over a century and a half, the 14th Amendment has codified the doctrine that every person born in the country is a citizen, with certain exclusions 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 challenged directive sought to withhold citizenship to the offspring of people who are either in the US illegally or are in the country on short-term status.
The United States is one of about 30 countries – mostly in the Americas – that provide immediate citizenship to any person born on their soil.