Chatham Analyzes Supreme Court Birthright Citizenship Decision on Arizona Horizon

07.08.2026

Stinson LLP Partner Elizabeth Chatham appeared on "Arizona Horizon," a public affairs program on Arizona PBS, to discuss the U.S. Supreme Court's landmark decision reaffirming birthright citizenship under the 14th Amendment and its implications for U.S. immigration law.

In the segment, Chatham discussed the constitutional arguments at the center of the case, explaining that the administration argued children born to noncitizen parents were not "subject to the jurisdiction" of the United States under the 14th Amendment. She noted that the Court rejected that interpretation, reaffirming the longstanding constitutional principle that birth on U.S. soil confers citizenship regardless of a parent's immigration status.

"I think a very important point is that the Equal Protection Clause also applies," Chatham said. "Any child born in the United States, they are a U.S. citizen universally. It doesn't matter what country their parents are from or their immigration status or their allegiance. It's the fact that they were born on U.S. soil that makes them a citizen."

Chatham also discussed the Court's voting breakdown, noting that although the ruling has widely been reported as a 6-3 decision, Justice Brett Kavanaugh concurred in the judgment on separate statutory grounds. She explained that his opinion suggests the issue could return to the Supreme Court if Congress amends the relevant statute or creates additional exceptions.

"He was suggesting that the Court would relook at this issue," Chatham said. "If there was a congressional amendment, or if there was even a law that created additional exceptions, that would then also get kicked up the curb to go to the Supreme Court."

Chatham assists companies and educational institutions in navigating U.S. immigration law and compliance. She provides tailored corporate immigration and compliance programs and works with clients to obtain temporary and permanent immigration options. Chatham also advises clients on individual consular processing and naturalization.

Watch the full interview.