US Passport Rules May Change: Parents Could Be Asked to Prove Citizenship Status for Children's Passports

The US State Department has proposed requiring parents to prove their own citizenship or immigration status when applying for passports for their children, as part of President Trump's latest effort to restrict birthright citizenship and target "birth tourism."

The US State Department has proposed a significant change to passport application rules that would require parents or legal guardians to provide proof of their own citizenship or immigration status when applying for passports for their children. The draft guidance, reviewed by Reuters, is the first detailed look at how the administration could enforce President Donald Trump's August 6 executive order targeting so-called "birth tourism."

"President Trump has been unequivocal that this Administration will protect the meaning and value of American citizenship, full stop, and that includes making sure our passport adjudication process fully reflects that standard," State Department spokesman Tommy Pigott said in a statement.

What Would Change Under the Proposed Rules

Currently, parents applying for a passport for a child born in the US are required to establish their relationship with the child and provide photo identification. While the application asks whether a parent is a US citizen, supporting proof of the parent's citizenship is not generally required.

Under the proposed rules, parents could be asked to provide:

• Proof of US citizenship: A valid US passport or birth certificate.
• Proof of immigration status: An I-94 form or a lawful permanent resident card for non-citizen parents.

"The Department will require parental information and evidence of parental citizenship or immigration status as part of its determination whether the applicant is subject to EO 14418," the State Department draft guidance reads, referring to the executive order number.

Trump's Birthright Citizenship Push

The proposal is tied to Trump's August 6 executive order, which targets "birth tourism" foreign nationals travelling to the US to give birth so their children can obtain American citizenship. The order would also withhold citizenship from children with a parent who works for a foreign government in the US, is engaged in fraud or a commercial transaction to obtain citizenship, or is classified as an "alien enemy."  This follows Trump's earlier attempt to end birthright citizenship, which the US Supreme Court ruled unlawful in a 6-3 decision, finding that it violated the Citizenship Clause of the 14th Amendment.

Legal Challenges Ahead

The August 6 order is already facing legal challenges. Lawyers representing babies who could be affected have asked federal judges to block the directive. At a hearing on Friday, US District Judge Deborah Boardman expressed skepticism about what she called Trump's "unprecedented order" and allowed plaintiffs to amend their lawsuit.

"The 14th Amendment says that people born in the United States and subject to its jurisdiction are citizens at birth, and the Supreme Court has interpreted that protection broadly for more than a century," said former Palm Beach County State Attorney Dave Aronberg.

The proposed passport rule remains under review and has not yet been finalised. The State Department has not confirmed when or if the proposal will be implemented.

Here is the question this proposal raises. The State Department is proposing to require parents to prove their citizenship or immigration status when applying for passports for their children. When a birth certificate is no longer sufficient proof of a child's citizenship, does this proposal represent a legitimate effort to enforce immigration policy, or is it an attempt to achieve through administrative rules what the courts have already rejected as unconstitutional?

FAQ:

Q: What are the proposed US passport rules for children?
A: The State Department has proposed requiring parents to provide proof of their own citizenship or immigration status when applying for passports for their children. This could include a US passport, birth certificate, I-94 form, or green card.

Q: Why is the Trump administration proposing these passport rule changes?
A: The proposal is tied to President Trump's August 6 executive order targeting "birth tourism" and restricting birthright citizenship for children born to parents in certain categories, including foreign government employees and those involved in fraud.

Q: Does the current passport application process require parents to prove their citizenship?
A: No. Currently, parents only need to establish their relationship to the child and provide photo identification. They are asked to indicate citizenship status but are not required to provide supporting documents.

Q: What categories of children could be affected by the proposed passport rules?
A: The August 6 order targets children whose parents are foreign government employees, are involved in fraud or a commercial transaction to obtain citizenship, or are classified as "alien enemies."

Q: Has the Supreme Court ruled on birthright citizenship?
A: Yes. The Supreme Court ruled Trump's earlier executive order on birthright citizenship unlawful in a 6-3 decision, finding it violated the 14th Amendment's Citizenship Clause.