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

The top court has agreed to take on a significant case that challenges a historic constitutional right: birthright citizenship for those born on American soil.

On day one in office this winter, President Donald Trump issued an executive order aiming to end birthright citizenship, but the order was subsequently blocked by lower courts after constitutional questions were brought forward.

The Supreme Court's eventual judgment will ultimately support citizenship rights for the offspring of migrants who are in the US without authorization or on short-term permits, 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 comprise foreign-born parents and their infants.

The 14th Amendment

For nearly 160 years, the Constitutional amendment has enshrined the rule that all individuals born in the country is a citizen, with certain exclusions for children born to foreign diplomats and members of occupying armies.

"Anyone born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States."

The challenged directive sought to deny citizenship to the children of people who are either in the US without legal status or are in the country on temporary visas.

The United States is among about three dozen nations – primarily in the North and South America – that provide automatic citizenship to anyone born within their borders.