Vance calls SCOTUS birthright citizenship ruling a 'major mistake,' warns of more birth tourism

Supreme Court Upholds Birthright Citizenship; GOP Vice‑Presidential Candidate Calls for New Immigration Measures

The United States Supreme Court reaffirmed that the 14th Amendment guarantees automatic citizenship to most people born on American soil, striking down a Trump‑era executive order that sought to end the practice. In a Tuesday interview on Fox News’ “The Ingraham Angle,” Republican vice‑presidential candidate JD Vance denounced the decision as a “very disappointing” ruling that he said could “invite 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.”

The ruling, issued by the Court’s 7‑2 majority, held that President Donald Trump’s Executive Order 14160 was unconstitutional because it conflicted with the 14th Amendment’s guarantee of birthright citizenship. The order, issued during Trump’s final months in office, had attempted to bar children of undocumented immigrants from automatically becoming U.S. citizens at birth.

Vance said the decision was “a major, major mistake” and “an absurdity to the 14th Amendment.” He noted that, while the Court’s opinion was narrow, it implied that the concept of birthright citizenship is “hanging by a thread.” “I hate to call it birthright citizenship,” Vance told Fox News, “It’s fundamentally a loophole that now exists in our immigration system that rewards illegal aliens just because they have a baby in the United States while they’re in our country illegally.”

The Supreme Court’s decision restores the status quo for more than 150 years of constitutional practice. Under the 14th Amendment, anyone born on U.S. soil—except the children of foreign diplomats—automatically acquires citizenship at birth. The ruling means that most children born in the United States will continue to receive citizenship regardless of their parents’ immigration status, a point the Trump administration had consistently opposed.

In the interview, Vance also outlined potential strategies the administration might pursue in response to the decision. He highlighted the possibility of imposing restrictions on U.S. territories such as the Northern Mariana Islands, located in the western Pacific near Asia. Senior officials have expressed concern that the territory could be used as a “birth tourism” hub, with China reportedly sending women to give birth and secure U.S. citizenship for their children.

“We actually have an opportunity to reverse this decision, just as we reverse so many bad decisions throughout the generations,” Vance said. “We’ve got to fix the immigration system even more,” he added. “We have to be even more aware of who’s coming into our country to make sure that they’re not benefiting from this atrocious Supreme Court ruling.”

The Supreme Court’s ruling has sparked a renewed debate over the scope of the 14th Amendment and the future of U.S. immigration policy. While the Court’s decision protects the rights of children born in the United States, critics argue that it encourages exploitation of the system. Advocates for stricter immigration controls are now pressing the administration to explore new regulatory approaches, including tighter oversight of U.S. territories and more rigorous vetting of parents who travel to the United States for childbirth.

As the administration considers these options, the debate over birthright citizenship will likely intensify in the months ahead, especially as the U.S. approaches the 2028 presidential election and the Republican Party seeks to refine its platform on immigration and constitutional interpretation.