WASHINGTON: The US State Department has proposed new passport requirements that could require parents to provide proof of their US citizenship or immigration status when applying for passports for their children, according to draft guidance reviewed by Reuters.
The proposal forms part of President Donald Trump’s efforts to restrict birthright citizenship and target so-called “birth tourism,” in which foreign nationals travel to the United States to give birth so their children can obtain US citizenship.
Under the draft guidance, parents or legal guardians would have to submit documents such as a US passport or birth certificate to establish citizenship, or immigration documents including an I-94 form or permanent residency card.
The State Department would use the information to determine whether a child falls within the categories covered by Trump’s August 6 executive order.
What would the proposed passport rules change?
Currently, parents applying for a US passport for a child born in the United States generally provide evidence of parentage and photo identification. Parents indicate their own citizenship status on the application but are not generally required to submit supporting documentation proving it.
The proposed rules would expand the information required from parents and guardians.
Under the draft, citizenship could be denied to children covered by the executive order if a parent is employed by a foreign government in the United States, is involved in fraud or a commercial transaction aimed at obtaining citizenship, or is classified as an “alien enemy.”
The State Department said the administration was seeking to ensure that the passport process reflects its interpretation of the value and meaning of US citizenship.
Could the new policy face legal challenges?
The proposed passport guidance follows an earlier Trump executive order seeking to restrict birthright citizenship, which was blocked after the US Supreme Court found the order unlawful.
The Supreme Court ruled that the earlier measure violated the Citizenship Clause of the 14th Amendment, which provides citizenship to people born in the United States and subject to its jurisdiction.
Trump’s August 6 order is narrower and specifically targets birth tourism, but it could also face legal challenges.
Several lawsuits have been filed on behalf of children who could lose citizenship under the administration’s policies. In one case, US District Judge Deborah Boardman expressed scepticism about the latest order and allowed plaintiffs to revise their lawsuit as she considers whether to block its implementation.
Justice Department lawyers have argued that legal challenges are premature because federal agencies had not yet issued public guidance explaining how the latest directive would be implemented.