- Parents must provide citizenship or immigration documents for children.
The US State Department has proposed requiring parents applying for passports for their children to provide proof of their own citizenship or immigration status as President Donald Trump moves to restrict birthright citizenship. The guidance offers the first view of how the administration could implement Trump’s August 6 executive order targeting what it calls “birth tourism”.
Under the proposal, parents or legal guardians would have to submit documents showing their citizenship or immigration status when applying for a US passport for their children. The policy could face further legal challenges.
Passport Checks
The proposal would require parents to provide documents such as a US passport or birth certificate to prove citizenship. Non-US citizens could submit evidence of their immigration status, including an I-94 form or permanent residency card.
The proposed process is linked to Trump’s August 6 directive, which narrowed his earlier attempt to curb birthright citizenship. That earlier order sought to deny automatic citizenship to children born in the US unless at least one parent was a US citizen or lawful permanent resident.
The US Supreme Court ruled in June that the earlier order violated the Citizenship Clause of the 14th Amendment.
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Birthright Curbs
Trump’s latest order focuses on “birth tourism”, where women travel to the US to give birth so their children can obtain citizenship. It would also deny citizenship to children whose parents work for foreign governments in the US, engage in fraud or commercial transactions to obtain citizenship, or are classified as “alien enemies”.
A federal judge in Maryland recently questioned the order’s legality while declining to immediately halt implementation. The Justice Department has said agencies are expected to issue guidance on implementing the directive by September 5.
The department has defended the approach. State Department spokesman Tommy Pigott said the administration would ensure that the passport process reflects Trump’s position on the “meaning and value” of American citizenship.
The proposal could therefore bring parents’ own immigration status into the passport application process, adding another administrative check for families seeking US passports for children born in the country.
The move comes as Trump’s administration continues efforts to narrow birthright citizenship, despite ongoing legal challenges. Courts are still weighing whether his latest order can withstand constitutional scrutiny.
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