Arizona Joins 22-State Fight Over Birthright Citizenship

18 Apr 2026 7 min read Michael Smith
Immigration attorney consultation  Phoenix Arizona

Last reviewed by Michael Smith, Senior Editor of the ReachAttorneys Editorial Team, in April 2026 · Our editorial standards

Finding the right immigration attorney Phoenix families trust has never carried higher stakes. On April 1, 2026, the U.S. Supreme Court heard oral arguments in Trump v. Barbara — the most direct constitutional challenge to birthright citizenship since the Fourteenth Amendment was ratified in 1868. Arizona Attorney General Kris Mayes was among 22 state attorneys general who sued to block Trump’s executive order ending birthright citizenship, and Arizona stands among the states with the most at stake in the ruling expected by late June 2026. Arizona attorneys focused on immigration are already advising Phoenix clients to prepare for multiple outcomes before the decision drops. An experienced Phoenix immigration attorney can help you document your family’s legal status, understand your rights under current law, and build a response plan. Browse licensed immigration law attorneys serving Phoenix on ReachAttorneys to start that process today.

Arizona AG Sues Over Birthright Citizenship — What Immigration Attorney Phoenix Clients Need to Know

President Trump signed Executive Order 14160 on January 20, 2025, declaring that children born in the United States to undocumented parents — or to parents on temporary visas — would no longer automatically receive U.S. citizenship. Arizona Attorney General Kris Mayes, along with 21 other state AGs, filed suit almost immediately. Every federal court to hear the challenge has blocked the order. The Supreme Court then accepted the case and scheduled oral arguments for April 1, 2026.

Arizona’s position in this litigation reflects the state’s complex immigration reality. As a border state with one of the largest Latino communities in the country, Arizona processes more immigration-related legal matters per capita than most states. Maricopa County — which encompasses Phoenix — is home to an estimated 250,000 to 300,000 undocumented immigrants, according to migration researchers at the Cato Institute and Arizona State University. If the Supreme Court upholds the executive order, children born in Phoenix hospitals to undocumented parents after the ruling date could face statelessness from birth — a scenario that would reshape everything from hospital discharge procedures to school enrollment to public benefits eligibility.

During the April 1 oral arguments, a majority of the justices appeared skeptical of the administration’s reading of the Fourteenth Amendment, according to SCOTUSblog. The Court is expected to issue a ruling by late June or early July 2026. Until then, birthright citizenship is still fully intact for every baby born on U.S. soil.

Did you know? Arizona Attorney General Kris Mayes was one of 22 state attorneys general who sued to block Trump’s birthright citizenship executive order. Arizona filed among the first challengers in January 2025 — as reported by AZPM News.

Common Immigration Cases in Phoenix

  • Birthright citizenship documentation: Phoenix families are compiling birth certificates, hospital records, and parental status documentation now — before any ruling could complicate what they need to prove.
  • Green card petitions: Family-based petitions, employment-based permanent residency, and adjustment of status applications handled at the Phoenix USCIS Field Office.
  • DACA: Arizona has one of the highest concentrations of DACA recipients in the country. Renewals, travel authorization, and litigation related to program changes require specialized counsel.
  • Removal defense: Proceedings before the Phoenix Immigration Court, including asylum, cancellation of removal, and voluntary departure requests.
  • TPS and humanitarian protection: Salvadoran, Honduran, Haitian, and Venezuelan communities in Phoenix have significant TPS and humanitarian parole populations requiring ongoing legal support.
  • Work visa applications: Arizona’s construction, agriculture, healthcare, and technology sectors generate substantial H-2A, H-1B, and TN visa needs.
  • Naturalization: Permanent residents pursuing U.S. citizenship — a route that has gained urgency as the birthright landscape remains in flux.

Arizona Immigration Law and Phoenix’s Court System

Arizona is not a sanctuary state. In fact, state law at A.R.S. § 11-1051 (the remnant of SB 1070, partially upheld by SCOTUS in 2012) requires Arizona law enforcement to make reasonable attempts to verify immigration status during lawful stops when practicable. That law has shaped Arizona’s immigration enforcement environment for over a decade and remains relevant to how local police interact with immigrant communities today.

Immigration proceedings in Maricopa County are handled by the Phoenix Immigration Court, one of the busiest in the Southwest. The court has a substantial backlog, meaning individual merits hearings can be scheduled years out. Critically, early legal representation locks in evidence records and avoids the procedural defaults that plague unrepresented clients.

Case Type Arizona-Specific Consideration Recommended Timing
Birthright documentation Gather now — pre-ruling window Immediately
DACA renewal AZ has one of the highest DACA populations nationally 90+ days before expiration
Removal defense SB 1070 environment; AZ law enforcement cooperation At first notice to appear
Green card (family) Phoenix USCIS Field Office; typical 1–3 year timeline File as early as possible
Asylum Border state; large Central/South American caseload Within 1 year of entry
H-2A agricultural visa Arizona’s largest rural employer base; seasonal cycle 75+ days before start date

Choosing the Right Immigration Attorney Phoenix Families Trust

Phoenix has a competitive immigration law market, particularly given the city’s border-state proximity and large immigrant community. Selecting the right attorney for your situation requires more than picking the first name from a search result. Here is what to look for:

  • State Bar of Arizona membership: Verify through the State Bar’s online member directory at azbar.org. Confirm the attorney has no disciplinary history.
  • DACA and TPS expertise: Given Arizona’s high concentrations of these populations, look for an attorney who handles active DACA renewal filings and understands the litigation-driven uncertainty around both programs.
  • Phoenix Immigration Court experience: Ask how many cases the attorney has handled at the Phoenix court. Courtroom familiarity and relationships with the local immigration bar matter.
  • Ninth Circuit appeals experience: Phoenix falls within the U.S. Court of Appeals for the Ninth Circuit. Attorneys who have briefed Ninth Circuit cases on immigration issues offer a significant advantage in complex removal matters.
  • Spanish-language capability: Phoenix’s largest immigrant community is Spanish-speaking. Confirm whether the attorney communicates directly in Spanish or relies on interpreters.

Find an Immigration Attorney in Phoenix on ReachAttorneys

ReachAttorneys connects Phoenix and Maricopa County residents with licensed immigration attorneys across the full spectrum of practice areas — from removal defense and DACA to green cards and naturalization. Every profile is searchable by practice focus, allowing you to match your specific situation to an attorney with relevant experience.

The SCOTUS ruling on birthright citizenship is expected by late June 2026. Arizona families with mixed-status households, U.S.-born children, or temporary visa status should not wait until the decision is published to consult with an immigration attorney Phoenix trusts. The window for advance preparation closes with the ruling.

Related Guides

Frequently Asked Questions

Q&A

What is Arizona’s stance on birthright citizenship?

Arizona AG Kris Mayes is actively fighting to preserve birthright citizenship. Arizona was one of 22 states that sued to block Trump’s executive order immediately after it was signed. The state’s position is that automatic citizenship for U.S.-born children is guaranteed by the Fourteenth Amendment and cannot be eliminated by executive order alone.

Q&A

Is Arizona a sanctuary state?

No. Arizona law (A.R.S. § 11-1051, a remnant of SB 1070) requires law enforcement to make reasonable attempts to verify immigration status during lawful stops when practicable. This differs significantly from sanctuary jurisdictions like Chicago or Philadelphia, which limit cooperation with ICE detainers.

Q&A

Can I still apply for DACA in Phoenix?

USCIS is processing renewals for existing DACA recipients as of April 2026. New initial DACA applications remain paused pending federal court rulings in Texas litigation. An immigration attorney Phoenix trusts can confirm your current eligibility and flag any window to file if circumstances change.

Q&A

What court handles immigration appeals from Phoenix?

Appeals from Phoenix Immigration Court go first to the Board of Immigration Appeals (BIA), then to the U.S. Court of Appeals for the Ninth Circuit. The Ninth Circuit — which covers the western states — has a substantial body of immigration precedent that can protect clients in removal proceedings if properly argued.

Q&A

How much does an immigration attorney in Phoenix cost?

Phoenix immigration attorney fees vary by case type. DACA renewals typically run $500–$1,500. Green card petitions often cost $2,500–$7,000. Removal defense is usually billed hourly ($150–$350/hr) or as a flat fee per phase. Get a written agreement specifying all fees and what they cover before you retain anyone.

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Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.

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