The US Department of State is evaluating a proposal that would require parents applying for an American passport for their children to present proof of their own citizenship or immigration status.
The draft guidance, detailed in a document reviewed by news agency Reuters, explains how officials would enforce an executive order issued by President Donald Trump on August 6 aimed at restricting birthright citizenship and curbing birth tourism.
The US Department of State serves as the primary executive department overseeing foreign relations and issuing travel credentials to citizens. Under the Fourteenth Amendment to the US Constitution, birthright citizenship automatically grants legal citizenship to individuals born on United States soil. Birth tourism refers to the practice of foreign nationals traveling to a country specifically to give birth so their child obtains citizenship.
Proposed rules for child passport applications
If implemented, the proposed measure would require all parents or legal guardians to present evidence of their citizenship or immigration status when applying for a passport for their child. Accepted proof of citizenship would include a valid US passport or a birth certificate, while non-citizens would be required to show documentation such as a Form I-94 arrival record or a lawful permanent resident card.
A lawful permanent resident card, commonly known as a Green Card, grants foreign nationals legal authorization to live and work in the United States permanently. The Form I-94 is an official arrival and departure record issued by US border control authorities to track foreign visitors entering the nation.
Following the submission of those documents, federal authorities would evaluate whether the child meets the eligibility requirements to obtain US citizenship under the executive order.
Legal standing and parental concerns
Demonstrating parental immigration status is not currently a general requirement for obtaining a US passport for a child born in the United States. The State Department is requesting approval for the guidance to determine whether applicants are subject to restrictions under the executive order.
The proposal faces legal questioning and does not by itself constitute an active or final rule. Nevertheless, the initiative has generated anxiety among foreign parents who fear that providing their status details could lead to reviews by immigration authorities.
Immigration attorney Kelley Ortega told news network N+ Univision that parents would now be very cautious if they planned to request passports for their children under the proposal.
N+ Univision is a major Spanish-language news division operating in North America, covering legislative and regulatory developments affecting foreign nationals and Hispanic communities in the United States.
Ortega explained that federal regulations do not mandate requesting a child's passport within the first year of birth, noting that parents may apply whenever they choose. She added that while a passport serves as evidence of American citizenship, the document itself is not citizenship itself.
Current passport requirements for minors
According to the official Travel.State website, standard passport applications for minors under 16 years of age currently require specific supporting documents. Applicants must present proof of the child's US citizenship, such as a US birth certificate, a certificate of citizenship, or a previous passport.
Parents or guardians must also submit official photo identification, proof of their relationship to the child, and consent from both parents. Exceptions to the dual-consent rule apply only under specific legal circumstances, such as sole custody arrangements or a formal statement of consent from an absent parent.
According to reports by Reuters, the State Department proposed asking all parents or guardians for proof of citizenship or immigration status to decide whether the child is covered by the executive order limiting automatic birthright citizenship.
