The U.S. State Department has drafted new guidelines that could require parents to submit proof of their own citizenship or legal immigration status when applying for passports for their children. The proposal represents the administration’s latest effort to limit birthright citizenship following a recent legal setback in the Supreme Court.
According to draft guidance reviewed by Reuters, parents or legal guardians applying for a child’s passport would need to provide documentary evidence establishing their legal standing in the country. To establish citizenship, parents could be required to present a valid U.S. passport or birth certificate. To establish immigration status, acceptable documentation would include an I-94 arrival record or a permanent residency card (green card).
The draft outlines how federal agencies plan to enforce President Donald Trump’s August 6 executive order, which specifically targeted what administration officials define as “birth tourism”—the practice of foreign nationals traveling to the U.S. on temporary visas to give birth on American soil. Under the directive, the State Department aims to assess whether applicants fall under the restrictions of Executive Order 14418.
“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,” State Department spokesman Tommy Pigott said in a statement to Newsweek.
The draft policy follows a June 30 Supreme Court ruling that struck down an earlier, broader executive order aimed at denying automatic citizenship to children born to unauthorized immigrants or temporary visa holders. The court reaffirmed that birthright citizenship is guaranteed under the Citizenship Clause of the 14th Amendment.
Legal experts note that while requesting parental documentation is not inherently unconstitutional, denying a U.S.-born child a passport based on a parent’s legal status presents severe constitutional challenges. Former Palm Beach County State Attorney Dave Aronberg noted that “an executive branch agency cannot rewrite the Citizenship Clause of the Constitution through passport paperwork,” predicting immediate lawsuits if the measure is formally implemented.
The policy remains under review within the State Department and has not been finalized. If adopted, the requirements would introduce additional paperwork for families, including foreign nationals and Kenyan parents residing in the U.S., while likely facing swift challenges in federal court.
