America's top judicial body has decided to hear lawsuit questioning automatic citizenship for those born in the US.

The top court has agreed to take on a significant case that puts to the test a longstanding constitutional right: birthright citizenship for those born within US borders.

On day one in office this winter, the President signed an order aiming to terminate this practice, but the order was struck down by the judiciary after legal challenges were initiated.

The Supreme Court's final decision will either support citizenship rights for the offspring of foreign nationals who are in the US undocumented or on temporary visas, or it will end those rights completely.

Next, the court will set a time to hear oral arguments between the government and the suing parties, which involve foreign-born parents and their newborns.

The Legal Foundation

For over a century and a half, the Constitutional amendment has enshrined the rule that all individuals born in the United States is a citizen, with exceptions for children born to foreign diplomats and members 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 challenged directive sought to withhold citizenship to the offspring of people who are either in the US in violation of immigration law or are in the country on temporary visas.

The United States is among about a minority of states – mostly in the Americas – that provide automatic citizenship to anyone born on their soil.