Pa. lawmakers relieved, urge action after US Supreme Court upholds birthright citizenship

The leaders of several Pennsylvania legislative caucuses representing communities of color expressed relief after the U.S. Supreme Court upheld the constitutional right to birthright citizenship.

The ruling ensures that children born in the United States retain rights and protections as American citizens, striking down President Donald Trump’s executive order aiming to strip that status. It was a 6-3 decision that multiple state legislators said should have been unanimous. 

“It is amazing to me that this even became a question,” Rep. Arvind Venkat (D-Allegheny), who is one of two naturalized U.S. citizens currently serving in the Pennsylvania legislature, said Tuesday. “Pennsylvania would be shrinking except for the immigrant population. Every day, immigrants contribute positively in every walk of life in Pennsylvania. And this decision simply affirms, thankfully, that that can continue to be the case.”  

Venkat, who is also a vice chair of the Pennsylvania Legislative Asian Pacific American Caucus, added that “it should have been a 9-0 decision,” and the Supreme Court “should never have taken this case up in the first place” after multiple lower courts had called Trump’s order unconstitutional, saying it violated the 14th Amendment.  

“It’s incredibly disheartening that it’s a 6-3 decision with something that is laid very clearly in our Constitution,” said Rep. Lindsay Powell (D-Allegheny). 

Rep. Johanny Cepeda-Freytiz (D-Berks), who chairs the Pennsylvania Legislative Latino Caucus, said the decision was a relief and affirms that a “federal administration or the president of the United States is not above the law.”

“The 14th Amendment exists for a reason, and every person born in the United States is a citizen,” she said. 

In a release, the caucuses called for the U.S. House and Senate to codify birthright citizenship at the federal level and for Gov. Josh Shapiro’s administration to provide protections for immigrant families in the commonwealth. 

The Pennsylvania Immigration Coalition (PIC) joined the call for state-level action, urging the Shapiro administration to end cooperation with Immigration and Customs Enforcement across Pennsylvania and shut down the Moshannon and Abraxas immigration detention centers.

“Birthright citizenship is not just a legal protection. It is a promise that every child born here deserves safety, dignity, and the chance to grow up fully recognized as part of this country,” PIC Executive Director Jasmine Rivera wrote in a release. “Now Governor Shapiro has a responsibility to follow that principle here in Pennsylvania.”

Rep. Napoleon Nelson (D-Montgomery), who chairs the Pennsylvania Legislative Black Caucus, emphasized that birthright citizenship has its roots in slavery and the Civil War.

“It is not just a story of our emancipation, but it is a story that is the very nature and fabric of this American democracy, and our republic, and our society as a whole,” he said. “We are, and always have been, a nation of immigrants.” 

He said while the decision is encouraging, he anticipates the issue of birthright citizenship will continue to be a “fundamental issue” for Republicans. 

“This has staying power in their party until it perhaps undoes the party,” he said.