Vice President JD Vance didn’t hold back after the Supreme Court struck down President Trump’s executive order ending birthright citizenship for children of illegal immigrants.
The Court’s ruling was a major setback — but Vance sees an opening.
Speaking on Fox News with Laura Ingraham, Vance called the decision a “major, major mistake” and warned the ruling invites a dangerous loophole: foreign nationals flying to America on vacation, giving birth, and instantly securing citizenship — and all its benefits — for their child and family.
“This was a very disappointing ruling from the Supreme Court. We respect it, but we also think that it was a major, major mistake. One of the things that it might invite, Laura, is people to come here quite literally on a vacation, give birth, and then all of a sudden the child and their family have the full benefits of American citizenship. It’s just a preposterous ruling, and the absurdity of that outcome suggests why the Supreme Court should have went the other way.”
The overall vote struck down Trump’s order 6-3. But Vance zeroed in on the 5-4 constitutional split on the Citizenship Clause itself — the narrow margin that defines whether birthright citizenship applies to children of non-citizens.
That one-vote margin, Vance argued, means the current precedent is “hanging by a thread.”
🚨 JUST NOW: VP JD Vance is OPTIMISTIC about the final outcome SCOTUS’ birthright citizenship, saying the fact it was 5-4 means it’s “HANGING BY A THREAD”
“This was only a 5-4 decision! How many times did we hear people say this was going to go 8-1?”
“The fact that this case… pic.twitter.com/v12mWZl52x
— Nick Sortor (@nicksortor) June 30, 2026
He drew a direct parallel to the decades-long fight that eventually overturned Roe v. Wade — suggesting conservatives can win this battle the same way.
Trump’s executive order sought to deny automatic citizenship to children born on U.S. soil unless at least one parent was a U.S. citizen or lawful permanent resident. The administration framed the policy as essential to ending “birth tourism” and removing incentives for illegal immigration.
The 14th Amendment’s Citizenship Clause — ratified in 1868 — was written with one urgent purpose: overturn the Dred Scott decision and guarantee citizenship to freed Black Americans after the Civil War. The clause states:
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
The phrase “subject to the jurisdiction thereof” is now the legal battleground. Conservatives argue it was never intended to cover children of foreign nationals who owe allegiance to other countries.
Vance singled out Justice Amy Coney Barrett’s vote against the administration, calling it a “serious error” — though he acknowledged nobody is perfect.
Border Czar Tom Homan responded to the ruling by calling on Congress to pass legislation closing the birthright loophole. Homan warned the administration would ramp up enforcement operations targeting birth-tourism networks and “combat the broader drivers” of illegal migration in the wake of the Court’s decision.
The charges remain allegations. The case has not been proven in court.
