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US may ask parents to prove citizenship or immigration status to get passports for their children
The draft would add parental citizenship checks to child passport applications and could affect how the government applies Trump’s birthright citizenship order.
The State Department proposed on Tuesday requiring parents to provide proof of citizenship or immigration status when applying for child passports, enforcing President Donald Trump's August 6 executive order targeting what the administration calls "birth tourism."
Trump's previous attempt to limit citizenship was struck down by the Supreme Court in a 6-3 ruling for violating the Citizenship Clause of the 14th Amendment; his narrower August 6 order targets women traveling to the United States to give birth so their children obtain automatic citizenship.
If implemented, parents must submit valid passports, birth certificates, I-94 forms, or legal permanent residency cards—a significant shift from current requirements where applicants only prove parentage and show photo identification without citizenship documentation.
At a hearing on Friday in Greenbelt, Maryland, District Judge Deborah Boardman voiced skepticism about Trump's "unprecedented order" and allowed plaintiffs to revise their lawsuit; Boardman was appointed by Democratic President Joe Biden.
State Department spokesman Tommy Pigott stated "President Trump has been unequivocal that this Administration will protect the meaning and value of American citizenship," though the order's constitutionality remains contested in ongoing litigation.