US Passport Rules May Change: Parents Could Face New Citizenship Status Checks

The US State Department has proposed new passport guidance that could require parents or legal guardians to provide proof of their own US citizenship or immigration status when applying for passports for their children.

The draft guidance is the first detailed indication of how the Trump administration could implement President Donald Trump’s August 6 executive order targeting what the administration calls “birth tourism”—the practice of travelling to the United States to give birth so that a child can potentially obtain US citizenship.

Under the proposed process, parents could be asked to submit documents such as a valid US passport or birth certificate if they are US citizens. Non-citizen parents could potentially be required to provide immigration documents, including an I-94 record or lawful permanent resident card. 

Currently, parents applying for a US passport for a child born in the country generally have to establish their relationship to the child and provide identification, while supporting proof of the parent’s citizenship is not ordinarily required.

The proposed changes are linked to Trump’s latest executive order, which seeks to deny citizenship in certain circumstances involving foreign-government employees, alleged fraud or commercial transactions intended to obtain citizenship, and people classified as “alien enemies.” 

However, the proposal has not yet been implemented, and the broader birthright citizenship policy remains under legal challenge. The US Supreme Court previously struck down Trump’s earlier attempt to restrict birthright citizenship, while a federal judge has raised questions about the legality of the administration’s newer order. 

The State Department’s proposal therefore marks a significant potential change in the passport application process, while its final scope and legal status remain subject to further government action and court proceedings