Vice President JD Vance called on GOP lawmakers to take immediate action to rectify the Supreme Court’s controversial ruling on birthright citizenship, which left the current system in place.
On Tuesday, the U.S. Supreme Court issued a major decision in Trump v. Barbara, striking down President Donald Trump’s executive order issued on his first day in office. The order had sought to deny automatic U.S. citizenship to children born on American soil to parents who were unlawfully present or only temporarily in the country.
In a 5-4 ruling on the core constitutional question, the Court held that such children are “subject to the jurisdiction” of the United States under the Citizenship Clause of the 14th Amendment and are therefore citizens at birth. Chief Justice John Roberts authored the majority opinion, joined by Justices Sonia Sotomayor, Elena Kagan, Amy Coney Barrett, and Ketanji Brown Jackson.
Justice Brett Kavanaugh concurred in the judgment (largely on statutory grounds under the Immigration and Nationality Act) but dissented in part regarding the breadth of the constitutional holding. Justices Clarence Thomas (joined by Neil Gorsuch), Samuel Alito, and others dissented, arguing for a narrower interpretation tied to parental domicile or allegiance.
The decision reaffirmed the longstanding interpretation of the 14th Amendment—rooted in the 1898 precedent United States v. Wong Kim Ark — that birthright citizenship (jus soli) applies broadly to nearly all persons born on U.S. soil, with only narrow historical exceptions (such as children of foreign diplomats or invading enemy forces). It rejected efforts to carve out new exceptions based on parents’ immigration status, effectively preserving automatic citizenship for children of undocumented immigrants and temporary visitors.
While speaking with Fox News’ Laura Ingraham, Vance expressed disappointment with the decision but added that there is room for optimism given its narrow margin.
“The fact that this case was a 5-4 decision effectively means that the concept of birthright citizenship, which is an absurdity to the 14th amendment, that concept is hanging by a thread,” Vance told Ingraham.
He went on to predict that the ruling would galvanize Republican efforts to take action against some of the most dangerous aspects of birthright citizenship — such as birth tourism — through congressional action. “We’ve got to fix the immigration system even more. 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,” he added.
The vice president further emphasized continued political and legal efforts, noting, “we actually have an opportunity to reverse this decision just as we reverse so many bad decisions throughout the generations.”
The narrow 5-4 split has energized Republican lawmakers who view the broad interpretation as contrary to the original meaning of the 14th Amendment and a driver of illegal immigration incentives, often referred to as “anchor babies.” Several GOP senators have already moved to pursue a constitutional amendment—the only definitive way to override the Court’s ruling short of future judicial shifts.
Senator Rand Paul (R-KY) introduced a constitutional amendment in April 2026 that would limit automatic citizenship to children born to at least one U.S. citizen parent, a lawful permanent resident, or a parent serving in the U.S. Armed Forces.
Senator Mike Lee (R-UT) reiterated calls for an amendment following Tuesday’s ruling, saying, “describing the upheld policy as “cheap and cheated citizenship.” Senator Eric Schmitt (R-MO) called the decision “wrong, dangerous, and disastrous for American sovereignty” and announced plans for both legislation and a forthcoming constitutional amendment to “restore the sacred bond between American citizens and their government.”
A number of additional senators and House Republicans have expressed support for similar reforms.
