America's top judicial body has decided to review case challenging citizenship by birth.

The nation's highest court has agreed to take on a pivotal case that challenges a longstanding constitutional right: birthright citizenship for those born on American soil.

On his first day in office this January, the administration issued an executive order aiming to end this practice, but the move was struck down by lower courts after legal challenges were brought forward.

The Supreme Court's final judgment will either uphold citizenship rights for the children of foreign nationals who are in the US without authorization or on short-term permits, or it will nullify them entirely.

Next, the justices will calendar a session to hear arguments between the federal government and plaintiffs, which involve immigrant parents and their infants.

The Legal Foundation

For over a century and a half, the Constitutional amendment has established the principle that anyone born in the nation is a US citizen, with exceptions 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 refuse citizenship to the offspring of people who are whether in the US illegally or are in the country on temporary visas.

The United States is one of about a minority of states – mostly in the Americas – that award instant citizenship to all those born within their borders.