The Donald Trump administration is considering a major change to the US passport application process that could require parents to provide proof of their own citizenship or legal immigration status when applying for passports for their US-born children.
The proposal is linked to President Donald Trump’s August 6 executive order aimed at curbing what the administration calls “birth tourism” and narrowing certain historical exceptions related to birthright citizenship.
If introduced, the new requirement would mean that parents and legal guardians may have to submit additional documents about their own status before their child’s passport application can be processed.
Draft Guidance Could Change Current Passport Rules
Under the current system, parents applying for a passport for a US-born child generally have to prove their relationship with the child and provide government-issued photo identification.
Parents also declare their citizenship status on the relevant forms. However, submitting documents proving their immigration status is not routinely required under the existing process.
The proposed guidance would change this approach.
According to the draft, the US State Department would collect information about the parents along with documents proving their citizenship or immigration status. This information would then be used to determine whether the child falls under the requirements of Executive Order 14418.
Parents Could Have to Submit Status Documents
If the proposed system is implemented, parents or legal guardians could be required to attach documents showing their legal status in the United States.
The documents listed in the draft include:
A valid US passport
A birth certificate
An I-94 form
A permanent residency card
The State Department would use the information to assess whether a child qualifies for US citizenship under the revised requirements.
Who Could Be Affected?
The draft guidance says the administration wants to withhold citizenship from children in certain situations covered by the executive order.
These include cases where a parent:
Works for a foreign government in the United States
Is classified as an “alien enemy”
Has engaged in commercial transactions or fraud to obtain citizenship
The proposal therefore goes beyond simply checking a child’s identity or relationship with their parents. It would also involve examining the citizenship or immigration status of the parents.
State Department Defends the Proposed Change
State Department spokesman Tommy Pigott said the administration wants the passport system to reflect what it considers the proper meaning of American citizenship.
“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.”
The proposed guidance comes as the administration faces legal challenges over its broader effort to change birthright citizenship rules.
Executive Order Faces Legal Challenges
Lawyers representing children affected by the proposed changes have filed class-action lawsuits and asked two federal judges to block the executive order.
During a hearing in Greenbelt, Maryland, US District Judge Deborah Boardman expressed skepticism about the order, describing it as unprecedented. She also allowed the plaintiffs to update their filing.
The legal challenges could therefore play an important role in determining whether the proposed passport changes can ultimately take effect.
Earlier Birthright Citizenship Attempt Was Blocked
The latest proposal follows an earlier attempt by the Trump administration to restrict birthright citizenship.
That earlier executive order sought to limit citizenship to children who had at least one parent who was either a US citizen or a lawful permanent resident.
The move was later struck down in a 6-3 ruling by the US Supreme Court, which held that the restriction violated the Citizenship Clause of the 14th Amendment.
The new passport proposal now represents another attempt by the administration to put its approach to citizenship into practice through the passport application process.
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