US may require parents to prove citizenship or immigration status for children’s passports

The U.S. government is contemplating new rules that would require parents and legal guardians to present proof of their citizenship or immigration status when applying for passports for their children under consideration by the State Department. This proposal is part of the Trump administration's efforts to limit birthright citizenship, introduced through an executive order signed on August 6.

The draft guidance, reviewed by Reuters, suggests the State Department will seek information on the parents' citizenship or immigration status to determine whether the child qualifies for U.S. citizenship under the executive order. Parents might be asked to submit documents like a valid U.S. passport or birth certificate as proof of citizenship.

For those with immigration status, documents such as an I-94 arrival record or a green card could be required. This shift from the present process, where parents only need to provide evidence of their relationship to the child and their identification, could significantly alter the passport application procedure for U.S.-born children.

The proposed changes are directly linked to the administration's crackdown on what it calls "birth tourism," a practice where foreign nationals travel to the U.S. to give birth and secure citizenship for their children. The August 6 executive order aimed to limit birthright citizenship in certain cases, excluding children whose parents are working for a foreign government, involved in fraud, or classified as an "alien enemy."

However, the order has faced legal challenges, with the U.S. Supreme Court ruling against it in a 6-3 decision, stating it violated the Citizenship Clause of the 14th Amendment. The administration's broader immigration policy, which includes this restriction, is currently under legal scrutiny.