- The US State Department has announced that parents will need to provide proof of their own citizenship or immigration status when applying for passports for their children, as part of President Donald Trump's efforts to restrict birthright citizenship following a Supreme Court defeat.
- The draft guidance represents the first detailed explanation of how federal agencies plan to enforce Trump's August 6 executive order targeting so-called "birth tourism."
- Under the proposal, all parents or legal guardians would need to submit documentary evidence such as a valid US passport, birth certificate, I-94 arrival record, or permanent residency card when applying for their child's passport.
- The Supreme Court struck down Trump's broader executive order on birthright citizenship in a 6-3 ruling, reaffirming the 14th Amendment guarantee.
- State Department spokesman Tommy Pigott stated that the administration would "protect the meaning and value of American citizenship" and ensure passport adjudication processes reflect that standard.
- The proposal is expected to face legal challenges, with lawyers asking federal judges to block the order.
- Trump signed two new executive orders on August 6—one targeting specific categories of children and another focused on birth tourism—in a narrower attempt to limit citizenship rights.
- Currently, parents seeking passports for US-born children must establish their relationship with the child and provide government-issued photo identification.
- The new proposal would use parental documentation to determine whether children qualify for citizenship under the executive order.
- Lawyers pursuing class-action lawsuits on behalf of babies who would be deprived of citizenship under Trump's initial order have asked two different federal judges to prevent his latest order from taking effect.
- At a hearing in Greenbelt, Maryland, a judge voiced skepticism about what she called Trump's unprecedented order and allowed the plaintiffs to revise their lawsuit so she could consider whether to block it.
- Justice Department attorneys have argued that a restraining order would be inappropriate and that the legal challenge was premature, as federal agencies had yet to issue public guidance on how the president's directive would be implemented.
The US State Department's new proposal requires parents to provide proof of their citizenship or immigration status when applying for their child's passport, reflecting President Trump's ongoing efforts to limit birthright citizenship.145611
State Department spokesman Tommy Pigott stated, "This Administration will protect the meaning and value of American citizenship, full stop."7
The proposal, part of Trump's August 6 executive order targeting "birth tourism," mandates that parents submit documentation such as a valid US passport, birth certificate, or I-94 arrival record.29
Currently, parents only need to establish their relationship with the child and provide photo identification. The new rule aims to determine children's citizenship eligibility based on parental documentation.10
The executive order also seeks to withhold citizenship from children whose parents work for foreign governments, engage in fraud, or are classified as "alien enemies."
Legal challenges are anticipated, as lawyers representing affected children have filed lawsuits to block the order.8
In a 6-3 ruling, the Supreme Court previously found Trump's broader citizenship restrictions unlawful, reaffirming the 14th Amendment's guarantee of birthright citizenship.
The State Department's guidance is expected to be implemented by September 5, but faces scrutiny from immigration rights advocates.
“The draft guidance, first reported by Reuters, would require all parents or legal guardians to submit documents like a US passport, birth certificate, I-94 record, or permanent residency card. It follows a 6-3 Supreme Court ruling that struck down Trump's broader order as violating the 14th Amendment's Citizenship Clause.”
Swarajya
