US-Born Children May Face New Passport Requirements Under Proposed Citizenship Rules
The US State Department is considering new requirements that could ask parents to provide proof of their citizenship or immigration status when applying for a US passport for a child born in the country.
The proposed guidance is part of President Donald Trump’s latest effort to change how birthright citizenship rules apply in certain circumstances. The draft document, reviewed by Reuters, provides additional details on how the administration could implement an executive order issued on August 6 targeting birth tourism.
Parents May Need to Provide Status Documents
Under the proposed system, parents or legal guardians could be required to submit documents showing their citizenship or immigration status when applying for a child’s passport.
Acceptable evidence could include a valid US passport or birth certificate for citizenship, while immigration status could be demonstrated through documents such as an I-94 record or a green card.
Officials would use the information to determine whether a child falls within the categories affected by the executive order.
Currently, parents generally need to establish their relationship with the child and provide identification when submitting a passport application. They may indicate whether they are US citizens, but supporting proof of their status is not generally required.
Certain Children Could Be Affected
The proposed directive would introduce restrictions for children whose parents fall into specific categories outlined in the executive order.
These categories include certain foreign government employees, individuals accused of using fraud or commercial arrangements to obtain US citizenship, and people classified under the order as “alien enemies.”
The proposal follows an earlier Trump administration effort to change the interpretation of birthright citizenship.
Supreme Court Previously Blocked Earlier Order
Trump’s earlier executive order sought to restrict automatic citizenship for some children born in the United States unless at least one parent was a US citizen or lawful permanent resident.
The US Supreme Court blocked that effort in a 6-3 ruling, concluding that the order conflicted with the Citizenship Clause of the 14th Amendment.
The latest executive order takes a narrower approach and specifically focuses on birth tourism, referring to situations in which foreign nationals travel to the United States to give birth with the intention of obtaining US citizenship for their children.
Legal Challenges Underway
The new order is also facing challenges in federal courts.
Attorneys representing families and children who could be affected have asked judges to prevent the policy from being implemented.
US District Judge Deborah Boardman, who is handling one of the cases in Maryland, has raised questions about the order and has allowed the plaintiffs to amend their lawsuit while she considers whether to issue an injunction.
Justice Department attorneys, meanwhile, have argued that court action may be premature because federal agencies have not yet released detailed public instructions explaining how the new policy would be applied.
The proposed passport requirements remain part of a developing legal and administrative process, and further guidance could clarify how the rules will affect US-born children and their families.
