The United States State Department is considering new passport rules that could require parents to provide proof of their citizenship or immigration status when applying for passports for their children.
The proposed policy is part of President Donald Trump’s latest effort to restrict birthright citizenship and follows an executive order issued on August 6 targeting what the administration describes as “birth tourism.”
Under draft guidance reviewed by Reuters, parents or legal guardians would be required to submit documents showing their citizenship or immigration status when applying for a passport on behalf of a child.
For U.S. citizens, acceptable documents could include a valid U.S. passport or birth certificate. Non-citizen parents could be asked to provide evidence of their immigration status, such as an I-94 form or permanent resident card.
The information would be used to determine whether a child qualifies for U.S. citizenship under Trump’s latest executive order.
Currently, parents applying for a passport for a child born in the United States generally need to establish their relationship to the child and provide identification. They are also asked to indicate whether they are U.S. citizens, but are not generally required to submit supporting citizenship or immigration documents.
Trump’s administration has made limiting birthright citizenship a major part of its broader immigration agenda. His earlier executive order sought to deny automatic citizenship to children born in the United States unless at least one parent was a U.S. citizen or lawful permanent resident.
However, the U.S. Supreme Court ruled that the earlier order violated the Citizenship Clause of the 14th Amendment.
Trump’s August 6 directive is narrower and focuses particularly on birth tourism. It would also potentially deny citizenship to certain children whose parents fall into categories specified by the order, including foreign government employees, individuals involved in fraudulent or commercial arrangements to obtain citizenship, and people classified as “alien enemies.”
The latest policy could still face legal challenges. Lawyers representing families and children affected by Trump’s birthright citizenship measures have asked federal courts to block the administration’s actions.
At a hearing in Maryland, U.S. District Judge Deborah Boardman expressed skepticism about the administration’s approach and allowed plaintiffs to amend their lawsuit as she considers whether to prevent the order from taking effect.
Justice Department lawyers have argued that blocking the policy would be premature because federal agencies had not yet publicly issued detailed guidance on how the directive would be implemented.
If adopted, the proposed passport requirements could significantly change the process by which parents obtain U.S. passports for their children and add another layer of scrutiny to citizenship applications.
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