The nation's highest court has decided to review legal challenge questioning birthright citizenship.

The top court has agreed to take on a pivotal case that challenges a longstanding guarantee: guaranteed citizenship for people born in the United States.

On his first day in office this January, the administration issued an executive order aiming to terminate birthright citizenship, but the move was subsequently blocked by federal courts after lawsuits were brought forward.

The Supreme Court's final ruling will either affirm citizenship rights for the infants of foreign nationals who are in the US undocumented or on temporary visas, or it will overturn them completely.

Next, the judges will set a time to hear the case between the federal government and claimants, which include parents who are immigrants and their infants.

The 14th Amendment

For nearly 160 years, the Fourteenth Amendment has codified the principle that anyone born in the country is a US citizen, with specific conditions for children born to foreign 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 presidential order 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 one of about a minority of states – largely in the Americas – that award instant citizenship to all those born on their soil.