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- By Matthew Mcguire
- 11 Mar 2026
The US Supreme Court has will hear a landmark case that puts to the test a historic constitutional right: birthright citizenship for those born within US borders.
On his first day in office this January, the President issued an executive order aiming to end this practice, but the action was halted by lower courts after legal challenges were filed.
The Supreme Court's ultimate decision will ultimately affirm citizenship rights for the infants of foreign nationals who are in the US without authorization or on non-immigrant visas, or it will end those rights altogether.
Next, the justices will schedule a date to hear the case between the government and plaintiffs, which involve foreign-born parents and their infants.
For over a century and a half, the Fourteenth Amendment has established the rule that anyone born in the United States is a US citizen, with exceptions for children born to embassy personnel and members 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 presidential order sought to deny citizenship to the children of people who are whether in the US illegally or are in the country on temporary visas.
The United States is one of about three dozen nations – mostly in the North and South America – that provide automatic citizenship to anyone born in their territory.
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