US passport policy: Trump administration considers new checks on parents’ citizenship status

US passport policy: Trump administration considers new checks on parents’ citizenship status

The US State Department is considering a new passport policy that could require parents and legal guardians to provide proof of their US citizenship or immigration status when applying for passports for children.

The proposed change is part of the administration of US President Donald Trump’s broader effort to implement new restrictions on birthright citizenship and prevent what it describes as “birth tourism”.

Under the proposed guidance, parents applying for a US passport for a child could be required to submit documents establishing their own citizenship or immigration status in the United States. Possible documents could include a valid US passport, birth certificate, immigration records or a permanent resident card.

The proposal, however, is not currently a blanket requirement for all parents applying for children’s passports. The State Department is still considering the guidance, while Trump’s broader birthright-citizenship order is being challenged in court.

The proposed passport checks are linked to Trump’s August 6 executive order, which seeks to prevent the federal government from recognising US citizenship for certain children born in the United States based on the circumstances surrounding their parents’ citizenship or immigration status.

The order specifically addresses situations involving children whose parents fall into certain categories, including some foreign government employees, individuals classified under the order as “alien enemies” and people accused of using commercial arrangements or fraud to obtain birthright citizenship.

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The Trump administration has defended the policy as an effort to protect the meaning and value of American citizenship and to discourage foreign nationals from travelling to the United States primarily to give birth.

If adopted, the proposed passport guidance could give federal officials additional information when determining whether a child falls within the categories affected by the executive order.

That could be particularly significant for families involving foreign nationals, undocumented immigrants, temporary visa holders and US-born children, depending on how the final guidance is written and whether the underlying executive order survives the ongoing legal challenges.

Under existing US passport rules, applicants must generally provide evidence that the child is a US citizen, establish the parent-child relationship and provide acceptable identification. A US birth certificate, valid US passport, Consular Report of Birth Abroad or Certificate of Citizenship can serve as evidence of citizenship.

The proposed policy could introduce an additional layer by requiring information about the parents’ citizenship or immigration status, rather than focusing solely on evidence establishing the child’s citizenship.

The development comes amid a major legal battle over Trump’s attempt to alter the interpretation of birthright citizenship in the United States.

On September 2, US District Judge Deborah Boardman issued a preliminary injunction blocking enforcement of Trump’s August 6 order against children covered by a class-action lawsuit. The judge found that the challengers were likely to succeed in their argument that the order was unconstitutional.

The court decision creates another obstacle for the administration as it attempts to implement its new approach to birthright citizenship.

The dispute follows an earlier Supreme Court ruling concerning Trump’s broader attempt to restrict birthright citizenship. The legal battle has left the administration’s proposed changes subject to continuing court proceedings.

For parents, the distinction between the proposed passport policy and existing passport requirements is important.

The State Department has not announced that every parent must now provide proof of immigration status before a child can receive a US passport. Rather, officials are considering whether such documentation should become part of the passport process in cases affected by the administration’s interpretation of the new citizenship order.

The final outcome will depend on both the State Department’s administrative decisions and the courts’ rulings on the constitutionality and enforceability of Trump’s birthright-citizenship policy.

Until new guidance is formally issued and takes effect, families applying for children’s US passports should continue to follow the existing passport requirements and avoid relying on reports suggesting that the proposed parental checks are already universally mandatory.

The issue is expected to remain contentious because any change could affect how the US government determines citizenship for children born in the country and how that citizenship is documented through the passport system.

US passport policy: Trump administration considers new checks on parents’ citizenship status