A parent walks their children on the first day of school in Tampa, Florida, August 10, 2021. — Reuters
The U.S. State Department has proposed a new requirement for parents applying for passports for their children: they would need to provide proof of their own citizenship or immigration status. This initiative is part of President Donald Trump’s latest efforts to restrict birthright citizenship.
The draft guidance, reviewed by Reuters, offers the first detailed view of how the State Department might enforce Trump’s August 6 executive order targeting what he describes as “birth tourism” and expanding on previous exceptions to birthright citizenship.
The White House directed Reuters to the State Department for comments. A Department spokesperson, Tommy Pigott, stated that “President Trump is clear that this Administration will defend the meaning and value of American citizenship. That includes ensuring our passport approval process aligns with that standard.”
Limiting birthright citizenship has been a key focus of Trump’s broader immigration crackdown. The Supreme Court previously ruled that his earlier attempt to change the policy was unconstitutional.
Trump’s initial executive order aimed to grant automatic U.S. citizenship at birth only to children with at least one parent holding U.S. citizenship or a lawful permanent residency (green card). However, in a 6-3 decision, the Supreme Court found that order to be unlawful because it violated the Citizenship Clause of the 14th Amendment.
### How Trump’s Order Will Be Implemented
The August 6 order was more focused, specifically addressing “birth tourism,” where women travel to the U.S. to give birth so their children automatically become U.S. citizens. This order might still face legal challenges and could be blocked in court.
The new directive would deny citizenship to children if their parent is employed by a foreign government in the U.S., involved in fraud or a commercial scheme to obtain citizenship, or classified as an “enemy alien.”
The State Department’s draft guidance indicates that “parental information and proof of parental citizenship or immigration status will be required” to determine if the applicant falls under EO 14418, the executive order number.
If put into effect, the proposal would require all parents or guardians filing for their child’s passport to provide proof of their own citizenship—such as a valid U.S. passport or birth certificate—or proof of their immigration status, like an I-94 form or green card. This information would help authorities decide if the child qualifies for citizenship under the new rules.
Currently, parents of children born in the U.S. only need to verify their relationship and show photo ID. They are also asked to check a box indicating whether they are U.S. citizens but are not required to submit supporting documents.
Legal advocates representing infants potentially affected by Trump’s initial order have asked federal judges to block the new order from taking effect. One case is before U.S. District Judge Deborah Boardman, appointed by President Biden.
During a hearing in Greenbelt, Maryland, Judge Boardman expressed skepticism about the unprecedented nature of Trump’s latest executive order and allowed the plaintiffs to amend their lawsuit to seek an injunction.
Justice Department attorneys argued that a preliminary restraining order is premature, as federal agencies have yet to issue official guidance on implementing the president’s directive.