The US State Department may require parents to provide proof of their own citizenship or immigration status when applying for passports for their children, according to a draft guidance obtained by Reuters.
The proposal comes amid President Donald Trump’s push to restrict birthright citizenship and target so-called “birth tourism” — foreign nationals traveling to the US to give birth so their children can obtain American citizenship.
“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citizenship or immigration status as part of its determination whether the applicant is subject to EO 14418,” the draft guidance reads, referring to Trump’s August 6 executive order.
The Proposed Rules
Under the proposed rules, parents could be asked to provide evidence such as:
– A valid US passport or birth certificate to establish citizenship
– An I-94 form or permanent residency card to establish immigration status
The information would be used to determine whether the child is eligible for US citizenship under the order. Currently, parents applying for a passport for a child born in the US are required to establish their relationship with the child and provide photo identification. Supporting proof of the parent’s citizenship is not generally required.
The Executive Order
Trump’s August 6 order is narrower than his earlier birthright citizenship order, targeting specific categories including children whose parents:
– Are foreign government employees
– Are allegedly involved in fraud or a commercial transaction to obtain citizenship
– Are classified as an “alien enemy”
The order could still face legal challenges. Lawyers representing babies who could be denied citizenship have filed class-action lawsuits seeking to stop the administration’s latest directive.
The Legal Landscape
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 order was unlawful, with a 6-3 majority finding that it violated the Citizenship Clause of the 14th Amendment.
At a hearing on Friday, US District Judge Deborah Boardman expressed skepticism about what she described as Trump’s unprecedented order and allowed plaintiffs to amend their lawsuit. Justice Department lawyers 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.
The Bottom Line
The US State Department may require parents to prove their citizenship or immigration status when applying for passports for their children, under a draft proposal targeting birth tourism. The rule would require parents to submit documents such as passports, birth certificates, or immigration records. Legal challenges to Trump’s executive order are already underway.
