US passport rule for children might be changed soon
What's the story
The US State Department is considering a new policy that would require parents to prove their own citizenship or immigration status when applying for passports for their children. The proposed measure is part of President Donald Trump's ongoing efforts to restrict birthright citizenship. The draft guidance, which was reviewed by Reuters, gives a detailed insight into how the State Department could enforce Trump's August 6 executive order targeting "birth tourism" and expanding historical exceptions to birthright citizenship.
Presidential stance
'President Trump committed to protecting American citizenship'
State Department spokesman Tommy Pigott reiterated President Trump's commitment to protecting the essence and value of American citizenship.
He 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 our passport adjudication process fully reflects that standard."
Legal challenges
Trump's immigration crackdown
Limiting birthright citizenship has been a key focus of Trump's extensive immigration crackdown. However, the US Supreme Court previously ruled his earlier attempt unconstitutional.
The first executive order would have granted automatic US citizenship at birth only to children with at least one parent who was a US citizen or lawful permanent resident (Green Card holder).
The Supreme Court found this order unlawful in a 6-3 ruling, determining it violated the Citizenship Clause of the 14th Amendment.
Order details
Targeting 'birth tourism'
Trump's August 6 order was more specific, targeting "birth tourism," where women come to the US to give birth so their children can gain automatic citizenship.
The new directive would deny citizenship to children with a parent working for a foreign government in the US, is engaged in fraud or a commercial transaction to obtain citizenship, or classified as an "alien enemy."
Implementation plan
Proposed policy details
The proposed policy would require all parents or legal guardians to provide proof of their citizenship or immigration status when applying for a passport for their children.
This could include a valid US passport/birth certificate as proof of citizenship, or an I-94 form/legal permanent residency card as proof of immigration status.
The information would be used by the government to determine if the child qualifies for citizenship under the new order.
Process overview
Current process and legal challenges
Currently, parents of US-born children only need to prove their parentage and provide photo identification during the passport application process.
They are also asked to check a box on the application form indicating if they are US citizens but aren't required to submit supporting documentation.
However, lawyers pursuing class-action lawsuits on behalf of babies who would be deprived of citizenship under Trump's initial order, have asked two different federal judges to block his latest order from taking effect.