US passport rules may change: Parents could need to prove citizenship or immigration status for children

The US State Department may require parents to provide proof of their citizenship or immigration status when applying for passports for their children under proposed guidance aimed at implementing President Donald Trump’s latest executive order on birthright citizenship.

The draft guidance, reported by Reuters, would require parents or legal guardians to submit documents showing their citizenship or immigration status as part of a child’s passport application. The proposal comes as Trump seeks to restrict birthright citizenship and target what his administration calls “birth tourism”.

Also Read: US judge won't immediately block Trump's newest order limiting birthright citizenship

Parents may need to submit status documents

Under the proposed process, parents could be asked to provide documents such as a valid US passport or birth certificate to establish citizenship.

Those proving immigration status could be required to submit documents such as an I-94 form or a permanent residency card.

The State Department would use the information to determine whether a child falls under Executive Order 14418 and is eligible for US citizenship under the order.

Also Read: Trump signs orders to limit US birthright citizenship, despite Supreme Court ruling

“The Department will require parental information and evidence of parental citizenship or immigration status as part of its determination whether the applicant is subject to EO 14418,” the draft guidance states.

What is the current passport process?

Currently, parents applying for a passport for a child born in the US must establish their relationship with the child and provide photo identification.

The application asks whether a parent is a US citizen, but parents generally do not have to provide supporting evidence of their own citizenship as part of the process.

The proposed change would therefore add a new documentation requirement for some parents seeking passports for their children.

Trump seeks to restrict birthright citizenship

The proposal follows Trump’s efforts to limit the circumstances under which children born in the US can automatically acquire citizenship.

His administration has argued that existing rules have encouraged birth tourism and other forms of what it considers abuse of the citizenship system.

State Department spokesman Tommy Pigott said, “President Trump has been unequivocal that this administration will protect the meaning and value of American citizenship, full stop, and that includes making sure our passport adjudication process fully reflects that standard.”

Supreme Court rejected earlier order

Trump’s first executive order on birthright citizenship sought to limit automatic citizenship to children born in the US who had at least one parent who was an American citizen or a lawful permanent resident.

The US Supreme Court later ruled that the order was unlawful, with a 6-3 majority finding that it violated the Citizenship Clause of the 14th Amendment to the US Constitution.

Trump’s August 6 order is narrower. It targets specific categories, including children whose parents are foreign government employees, are allegedly involved in fraud or a commercial transaction to obtain citizenship, or are classified as an “alien enemy”.

The latest order could also face legal challenges.

Legal challenges continue

Lawyers representing babies who could be denied citizenship under Trump’s earlier order have filed class-action lawsuits seeking to stop the administration’s latest directive.

One such case is before US District Judge Deborah Boardman in Greenbelt, Maryland.

At a Friday hearing, Boardman expressed skepticism about what she described as Trump’s unprecedented order. She allowed the plaintiffs to amend their lawsuit so she could consider whether to block its implementation.

Justice Department lawyers have argued that a restraining order would be inappropriate and that the legal challenge is premature because federal agencies had not yet issued public guidance on how the executive order would be enforced.