America's top judicial body will consider case disputing automatic citizenship for those born in the US.

Supreme Court building

The top court has agreed to take on a pivotal case that challenges a century-old constitutional right: birthright citizenship for people born on American soil.

On his first day in office this winter, President Donald Trump signed an order aiming to halt birthright citizenship, but the order was subsequently blocked by the judiciary after constitutional questions were initiated.

The Supreme Court's ultimate ruling will either support citizenship rights for the infants of migrants who are in the US undocumented or on temporary visas, or it will nullify those rights completely.

Next, the justices will set a time to hear oral arguments between the administration and claimants, which include parents who are immigrants and their infants.

The Legal Foundation

For more than 150 years, the Constitutional amendment has established the rule that every person born in the country is a US 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 executive order sought to deny citizenship to the offspring of people who are either in the US without legal status or are in the country on short-term status.

The United States is among about three dozen nations – largely in the Americas – that grant instant citizenship to all those born in their territory.

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