America's top judicial body has decided to review lawsuit questioning citizenship by birth.

The top court has will hear a pivotal case that questions a historic guarantee: automatic citizenship for those born on American soil.

On the inaugural day in office this winter, President Donald Trump issued an executive order aiming to end the policy, but the action was halted by the judiciary after lawsuits were initiated.

The Supreme Court's ultimate decision will ultimately uphold citizenship rights for the infants of foreign nationals who are in the US illegally or on short-term permits, or it will overturn the provision altogether.

Next, the justices will schedule a date to hear the case between the administration and the suing parties, which include foreign-born parents and their young children.

The 14th Amendment

For more than 150 years, 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 occupying armies.

"All persons 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 withhold citizenship to the children of people who are whether in the US in violation of immigration law or are in the country on short-term status.

The United States is one of about three dozen nations – primarily in the North and South America – that provide immediate citizenship to anyone born in their territory.