Parents seeking US passports for their children could soon face additional documentation requirements under a proposed State Department policy tied to President Donald Trump’s efforts to restrict birthright citizenship.
Under the draft guidance reviewed by Reuters, parents and legal guardians applying for passports on behalf of minors would have to provide evidence of their own citizenship or immigration status. Acceptable documents could include a US passport, birth certificate, I-94 immigration record or permanent resident card.
The information would be used to determine whether a child qualifies for US citizenship under Trump’s August 6 executive order, marking a significant departure from the current passport application process.
At present, parents generally need to establish their relationship to the child and provide photo identification. Although applicants declare their citizenship status, they are not ordinarily required to submit supporting documentation proving it.
The proposed change is expected to become a major point of contention as the administration moves to implement its broader immigration agenda.
State Department spokesman Tommy Pigott defended the proposed requirements, saying the administration was committed to ensuring that the passport system reflected its interpretation of American citizenship.
The directive represents the administration’s latest attempt to address what it calls “birth tourism”, in which foreign nationals travel to the United States to give birth, with their children subsequently obtaining citizenship under the existing interpretation of the 14th Amendment.
Trump’s earlier attempt to restrict birthright citizenship was broader, seeking to deny automatic citizenship to children born in the US unless at least one parent was an American citizen or lawful permanent resident. The Supreme Court, however, rejected that effort in a 6-3 ruling, finding the measure unconstitutional because of the 14th Amendment’s Citizenship Clause.
The August 6 order takes a narrower approach. It excludes certain categories, including children whose parents work for foreign governments in the US, individuals accused of using fraud to obtain citizenship and people designated as alien enemies.
The administration is already facing legal resistance to the new directive. Lawyers representing children potentially affected by the policy have filed class-action cases in two federal courts seeking to prevent its implementation.
One case is before US District Judge Deborah Boardman in Maryland. Boardman has raised questions about the legality of the administration’s move and permitted the plaintiffs to amend their lawsuit.
Justice Department attorneys have argued that court intervention would be premature because federal agencies had not yet issued public implementation guidelines.
If ultimately adopted, the proposed passport rules would place a substantially greater documentation burden on parents and could make parental immigration status an important factor in determining how applications for children are processed.
The policy could therefore become another major legal and political battleground over the meaning of citizenship in the United States.
