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

The US Supreme Court has decided to review a landmark case that puts to the test a longstanding principle: birthright citizenship for individuals born on American soil.

On his first day in office this winter, the administration issued an executive order aiming to terminate this practice, but the action was struck down by the judiciary after constitutional questions were initiated.

The Supreme Court's ultimate ruling will either affirm citizenship rights for the children of immigrants who are in the US illegally or on non-immigrant visas, or it will end those rights completely.

Next, the judges will calendar a session to hear oral arguments between the government and plaintiffs, which include parents who are immigrants and their newborns.

The Legal Foundation

For nearly 160 years, the 14th Amendment has enshrined the principle that every person born in the nation is a US citizen, with certain exclusions for children born to diplomats and members of invading forces.

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

The challenged executive order sought to withhold citizenship to the children 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 30 countries – largely in the Americas – that award instant citizenship to any person born in their territory.