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

The US Supreme Court has will hear a landmark case that challenges a historic constitutional right: birthright citizenship for people born on American soil.

On day one in office this January, President Donald Trump issued an executive order aiming to terminate birthright citizenship, but the order was subsequently blocked by the judiciary after constitutional questions were filed.

The Supreme Court's final decision will either uphold citizenship rights for the infants of immigrants who are in the US undocumented or on short-term permits, or it will nullify those rights completely.

Next, the judges will set a time to hear the case between the administration and claimants, which include foreign-born parents and their infants.

The Legal Foundation

For nearly 160 years, the Constitutional amendment has codified the principle that anyone born in the nation is a American citizen, with exceptions for children born to embassy personnel 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 disputed presidential order sought to deny citizenship to the offspring of people who are either in the US in violation of immigration law or are in the country on short-term status.

The United States is among about a minority of states – mostly in the North and South America – that award instant citizenship to all those born in their territory.