USA · 02 September, 2026 · 3 min read
U.S. State Department Proposes Proof of Parents’ Citizenship for Children’s Passports
State Department proposes parents prove citizenship or immigration status to obtain child passports. Measures linked to August 6 executive order to limit birthright citizenship.
13 outlets, one story, no spin found.
9 of 10 outlets skipped it: judge Boardman issued a preliminary injunction on 2 September, blocking broad class use.
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Passport proof proposal
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 as part of President Donald Trump’s latest effort to limit birthright citizenship.
“proposed requiring parents applying for passports for their children to provide proof of their own citizenship or immigration status”
The draft guidance, reviewed by Reuters, is described as the first detailed look at how the State Department could enforce Trump’s August 6 executive order targeting what it calls "birth tourism".
State Department spokesman Tommy Pigott said the administration would ensure the passport adjudication process reflects the "meaning and value of American citizenship".
If implemented, the proposal would require all parents or legal guardians to provide proof such as a valid U.S. passport or birth certificate for U.S. citizens, or evidence of immigration status such as an I-94 form or a legal permanent residency card for non-citizen parents.
The information would be used to determine whether the child is covered by the categories in Trump’s August 6 order, including where a parent works for a foreign government in the U.S., is involved in fraud or a commercial transaction to obtain citizenship, or is classified as an "alien enemy."
Court challenges and hearings
The proposed passport requirement is already facing legal challenges, with lawyers representing babies who could have been affected by Trump’s earlier order asking federal judges to block the latest directive.
Reuters reported that U.S. District Judge Deborah Boardman expressed skepticism about the new order during a hearing in Maryland, and allowed plaintiffs to revise their lawsuit so she could consider whether to block it.
In a statement to Reuters, Pigott said, "President Trump has been unequivocal that this Administration will protect the meaning and value of American citizenship, full stop," and that includes making sure the passport adjudication process reflects that standard.
Justice Department lawyers argued the challenge was premature because federal agencies had not yet issued public guidance on how the president’s directive would be implemented, Reuters said.
Separately, a federal ruling reported by Periódico Cubano said Boardman issued a preliminary injunction on September 2 preventing the government from applying Executive Order 14418 to a broad class of children, describing the policy as "almost certainly unconstitutional" when applied to the minors named in the class action.
What’s at stake next
The draft guidance is framed as a mechanism for the State Department to determine whether a child qualifies for citizenship under Trump’s August 6 executive order, which is described as narrower than the earlier attempt struck down by the Supreme Court.
“Even in the current structure, parents are asked to declare their citizenship status on application forms”
The earlier executive order would have granted automatic U.S. citizenship at birth only to children with at least one parent who was a U.S. citizen or a lawful permanent resident known as a green card holder, but the Supreme Court ruled that order unlawful in a 6-3 decision.
In the Reuters account of the new proposal, the State Department draft guidance states, "The Department will require parental information and evidence of parental citizenship or immigration status" as part of its determination whether the applicant is subject to EO 14418.
The proposal is not yet implemented, and NDTV reported that the existing passport rule requires parents to establish their relationship to the minor and provide government-issued photo identification, while parents are asked to declare citizenship status but are not routinely required to submit documents proving it.
Ratopati reported that the State Department proposal would be linked to restricting birthright citizenship and targeting "birth tourism," and that it could still be halted by courts as legal challenges proceed.