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- By Michael Miranda
- 03 Mar 2026
The top court has agreed to take on a significant case that puts to the test a century-old constitutional right: birthright citizenship for individuals born on American soil.
On his first day in office this winter, President Donald Trump signed an order aiming to halt this practice, but the order was struck down by the judiciary after legal challenges were initiated.
The Supreme Court's eventual decision will either affirm citizenship rights for the offspring of immigrants who are in the US undocumented or on non-immigrant visas, or it will nullify the provision completely.
Next, the justices will calendar a session to hear the case between the administration and the suing parties, which include parents who are immigrants and their newborns.
For more than 150 years, the 14th Amendment has enshrined the rule that anyone born in the nation is a US citizen, with certain exclusions for children born to embassy personnel and personnel of invading 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 withhold citizenship to the children of people who are whether in the US in violation of immigration law or are in the country on temporary visas.
The United States is one of about a minority of states – mostly in the North and South America – that provide immediate citizenship to all those born within their borders.
Elara is a financial strategist with over a decade of experience in wealth management and entrepreneurship.