Parents applying for US passports for their children could soon be required to provide proof of their own citizenship or immigration status under a proposed State Department directive linked to President
Donald Trump’s latest push to restrict birthright citizenship, according to Reuters.
The draft guidance, reviewed by Reuters, offers the first detailed indication of how the State Department could implement Trump’s August 6 executive order targeting what his administration calls “birth tourism” and expanding the circumstances in which birthright citizenship could be denied.
Replying to a query from Reuters, State Department spokesman Tommy Pigott said, “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.”
What The US State Dept Has Proposed?
Under the proposed guidance, parents or legal guardians applying for a passport on behalf of a child would have to submit evidence of their own citizenship or immigration status. The information would then be used to determine whether the child is covered by the restrictions outlined in Trump’s executive order.
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“The Department will require parental information and evidence of parental citizenship or immigration status as part of its determination whether the applicant is subject to EO 14418,” the State Department draft guidance reads.
Parents could be asked to provide documents establishing US citizenship, including a valid US passport or birth certificate. Those who are not US citizens could be required to submit evidence of their immigration status, such as an I-94 form or a legal permanent residency card.
What Is The Current Rule?
The proposed changes would mark a significant shift from the current passport application process for children born in the United States.
At present, parents generally need to establish their relationship to the child and provide photo identification. They are also asked to indicate on the application whether they are US citizens, but do not have to submit supporting documentation proving that status as part of the process.
The proposed directive would give the government additional information to assess whether a child qualifies for US citizenship under Trump’s latest order.
The August 6 executive order specifically targets “birth tourism”, referring to cases in which foreign nationals travel to the United States to give birth, with the child subsequently obtaining US citizenship.
The order would also deny citizenship to children in certain other circumstances, including where a parent works for a foreign government in the United States, is involved in fraud or a commercial transaction aimed at obtaining citizenship, or is classified as an “alien enemy.”
Trump’s Birthright Citizenship Push Faces Legal Challenges
Restricting birthright citizenship has been a major part of Trump’s broader immigration agenda, but his efforts have faced significant legal challenges.
Also Read: Trump’s ‘Birth Tourism’ Orders: Will Babies Of Indian H-1B, L-1 Visa Holders Get US Citizenship?
Trump’s earlier executive order sought to end automatic citizenship for children born in the United States unless at least one parent was a US citizen or lawful permanent resident, commonly known as a green card holder.
The US Supreme Court subsequently ruled against that order. In a 6-3 decision, the court found the order unlawful, with the majority concluding that it conflicted with the Citizenship Clause of the 14th Amendment to the US Constitution.
Trump’s August 6 order is narrower, but legal challenges are already underway.
Lawyers representing babies and families who could be affected by the administration’s birthright citizenship policy have asked two federal judges to block the latest order from taking effect.
With inputs from Reuters
