America's top judicial body will consider legal challenge disputing 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 historic constitutional right: birthright citizenship for those born within US borders.

On the inaugural day in office this January, the President signed an order aiming to end birthright citizenship, but the order was halted by federal courts after legal challenges were initiated.

The Supreme Court's eventual ruling will ultimately uphold citizenship rights for the infants of immigrants who are in the US undocumented or on short-term permits, or it will nullify the provision completely.

Next, the judges will schedule a date to hear oral arguments between the federal government and plaintiffs, which include parents who are immigrants and their young children.

The 14th Amendment

For nearly 160 years, the Constitutional amendment has codified the doctrine that every person born in the nation is a US citizen, with certain exclusions for children born to embassy personnel and members 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 directive sought to withhold citizenship to the children of people who are either in the US without legal status or are in the country on non-permanent visas.

The United States is among about a minority of states – largely in the Americas – that award instant citizenship to any person born on their soil.