The United States government is considering new passport requirements that could require parents to provide proof of their own citizenship or immigration status when applying for U.S. passports for their children.
The proposed measure is part of President Donald Trump’s broader effort to restrict what his administration describes as “birth tourism” and tighten the rules surrounding birthright citizenship.
Under the proposal being considered by the U.S. State Department, parents could be asked to submit documents such as a U.S. passport, birth certificate or immigration records showing their citizenship or legal status in the country.
The proposed requirements would particularly affect cases involving children born in the United States to parents who are not U.S. citizens or lawful permanent residents. The administration’s policy is aimed at children whose parents fall into categories identified in Trump’s August 6 executive order, including certain foreign government employees and people accused of using fraud or commercial arrangements to obtain U.S. citizenship for their children.
The move could significantly change how some families demonstrate their children’s eligibility for U.S. passports. At present, the State Department requires parents applying for a passport for a child under 16 to provide evidence of the child’s U.S. citizenship, proof of their relationship to the child and identification documents. A U.S. birth certificate is among the primary documents accepted as evidence of citizenship.
The proposed policy, however, would place greater emphasis on the citizenship or immigration status of the parents when determining whether a child qualifies for recognition as a U.S. citizen for passport purposes.
The development comes amid an ongoing legal battle over Trump’s attempt to narrow birthright citizenship. A federal judge in Maryland on Wednesday issued a preliminary injunction blocking the administration’s latest effort to restrict citizenship for certain children born in the United States. The judge found that the executive order conflicted with constitutional protections and existing Supreme Court precedent.
The administration has argued that its passport proposal is part of implementing Trump’s August executive order and combating the practice of foreigners travelling to the United States primarily to give birth and secure citizenship for their children.
However, the proposed passport changes have not yet become a final nationwide requirement. The legal challenges surrounding Trump’s birthright citizenship policy could also determine whether and how the new passport procedures are ultimately implemented.
For now, the State Department’s published passport guidance continues to list a U.S. birth certificate, Consular Report of Birth Abroad, Certificate of Citizenship or a valid U.S. passport among the accepted forms of evidence of a child’s U.S. citizenship.
The proposed changes are likely to receive further scrutiny because of their potential impact on U.S.-born children whose parents have different citizenship or immigration statuses, particularly as courts continue to determine the limits of the Trump administration’s birthright citizenship policies.
