The United States Department of State has proposed requiring parents applying for passports for their children to present proof of their citizenship or immigration status.
The draft guidelines, reviewed by Reuters, detail how the department would enforce an executive order issued by President Donald Trump on August 6. The order seeks to restrict access to birthright citizenship and curb maternity tourism.
Although the draft remains a proposal, foreign parents have expressed concern that submitting personal details could lead to scrutiny by immigration authorities.
Proposed passport requirements
Under the draft proposal, all parents or legal guardians would need to submit proof of U.S. citizenship or legal immigration status when filing a passport application for a child. The federal government would then evaluate whether the child qualifies for citizenship under the executive order.
For U.S. citizen parents or guardians, acceptable proof would include a valid United States passport or a birth certificate. Non-citizen parents would be required to present an I-94 arrival and departure record or a permanent resident card, commonly known as a green card.
The Department of State is the executive department responsible for managing foreign affairs and issuing travel documents to American citizens. An I-94 form serves as the official record of entry and exit for foreign nationals, while a green card grants authorization to live and work permanently in the country.
Current rules and legal status
Federal regulations do not currently require parents to demonstrate their own immigration status when requesting a U.S. passport for a child born in the United States. The Department of State is seeking approval for the new guidance, which faces legal challenges and has not taken effect as a final rule.
According to the official Travel.State website, current passport applications for minors under 16 years of age require proof of the child's U.S. citizenship, such as a birth certificate, citizenship certificate, or previous passport. Applicants must also provide evidence of the parental relationship, photo identification for the parents, and consent from both parents unless legal exceptions apply.
Legal commentary and citizenship status
Immigration attorney Kelley Ortega told N+ Univision that parents are likely to exercise extreme caution when considering passport requests for their children if the proposal moves forward.
Ortega noted that federal rules do not require parents to apply for a child's passport within the first year of birth, allowing families to apply whenever they choose. She added that while a passport serves as evidence of United States citizenship, the document itself does not grant citizenship.
Birthright citizenship in the United States guarantees citizenship to children born on U.S. soil, regardless of the immigration status of their parents. Proposals altering this standard face judicial scrutiny before taking effect.
