Trump birthright curbs may prompt U.S. passport checks on parents

The U.S. State Department has proposed requiring parents applying for passports for their children to provide proof of their own citizenship or immigration status, marking a potential enforcement step in President Donald Trump’s ongoing efforts to restrict birthright citizenship. This measure, outlined in a draft guidance reviewed by Reuters, aims to implement Trump’s August 6 executive order targeting what the administration refers to as "birth tourism." The policy would expand upon historical exceptions to birthright citizenship, potentially altering the criteria under which children born in the U.S. automatically gain citizenship. Under the proposed changes, parents seeking to apply for a passport for their minor child would be required to submit documentation verifying their own citizenship or legal immigration status. This includes presenting a valid U.S. passport, birth certificate, or other official documents proving lawful permanent residency, such as an I-94 form or a green card. The requirement applies specifically to cases where the child’s eligibility for U.S. citizenship might be affected by the new rules. The State Department’s draft guidance explicitly references Executive Order 14418, issued by Trump, which seeks to narrow the scope of automatic citizenship for children born in the U.S. The White House referred inquiries to the State Department, which stated that President Trump has made clear his commitment to protecting the meaning and value of American citizenship. A spokesperson, Tommy Pigott, emphasized that the passport adjudication process should reflect this priority. The move aligns with broader efforts by the Trump administration to tighten immigration policies, including a prior executive order that was struck down by the Supreme Court in a 6-3 decision. That ruling found the earlier order unconstitutional, as it violated the Citizenship Clause of the 14th Amendment. Trump’s August 6 order focused more narrowly on addressing "birth tourism," a practice in which individuals, often mothers, travel to the U.S. to give birth with the intent of securing U.S. citizenship for their children. The new directive expands beyond this focus, proposing to deny citizenship to children whose parents work for foreign governments within the U.S., engage in fraudulent activities, or participate in transactions aimed at obtaining citizenship. It also includes provisions against parents classified as "alien enemies." Currently, the passport application process requires parents to confirm their relationship to the child and present photo identification. However, they are not obligated to provide additional documentation unless there is a specific reason to question the child’s eligibility for citizenship. Under the proposed rule, this process would change significantly, with parents facing increased scrutiny and mandatory submission of proof regarding their own status. Legal challenges to the new directive are already underway. Lawyers representing families affected by Trump’s policies have filed two separate lawsuits asking federal courts to block the implementation of the order. One case is being heard by U.S. District Judge Deborah Boardman, a Biden appointee, who recently expressed skepticism about the scope of the executive order. During a recent hearing, she permitted plaintiffs to adjust their arguments to assess whether the order should be halted. Federal prosecutors have countered these claims, arguing that a restraining order is unwarranted and that the legal challenge is premature. They contend that agencies have not yet finalized public guidelines explaining how the directive will be applied in practice. As the situation unfolds, the legal landscape surrounding birthright citizenship continues to evolve, with implications for both current and future U.S. immigration policy.