Oluwanifemi Ibikunle
The United States Government may introduce new requirements compelling parents and legal guardians to provide proof of their citizenship or immigration status before their children can obtain US passports.
The proposed measure is contained in a draft guidance being considered by the US Department of State as part of President Donald Trump’s renewed efforts to restrict birthright citizenship and curb what his administration describes as “birth tourism.”
Reuters, which cited the draft document, reported that the proposed policy would require parents to submit evidence of their citizenship or lawful immigration status when applying for passports on behalf of their children.
Under the proposed arrangement, parents could be required to present documents such as a valid US passport or birth certificate as proof of citizenship.
Non-citizen parents, meanwhile, could be asked to provide evidence of their immigration status, including an I-94 admission record or permanent residency card.
The information would reportedly be used by the State Department to determine whether a child falls within the categories affected by Trump’s executive order on birthright citizenship.
The move follows Trump’s latest executive orders seeking to narrow access to automatic US citizenship for children born in the country.
The administration has argued that the existing system encourages pregnant women to travel to the US on temporary visas specifically to give birth, thereby securing citizenship for their children.
Trump had earlier attempted to restrict birthright citizenship through an executive order that sought to deny automatic citizenship to some children born in the US unless at least one parent was a US citizen or lawful permanent resident.
That order, however, faced legal challenges and was rejected by the Supreme Court in a 6-3 decision, with the court holding that the measure conflicted with the citizenship guarantee contained in the 14th Amendment to the US Constitution.
Trump subsequently issued two new executive orders last month as part of his continuing attempt to alter the interpretation and implementation of birthright citizenship.
The latest draft guidance reportedly states that the State Department would require parental information and evidence of the parents’ citizenship or immigration status when determining whether a passport applicant is covered by the new executive order.
If adopted, the proposed requirement would represent a significant change to the current passport application process for children born in the US.
At present, parents generally establish their relationship with the child and provide identification when applying for a passport. Although applicants are asked to indicate whether they are US citizens, supporting evidence of that status is not ordinarily required in the same manner proposed under the draft guidance.
The proposed passport checks have therefore raised the stakes in the Trump administration’s broader immigration crackdown, particularly over who qualifies for US citizenship by birth.
The State Department’s proposal, however, is still in draft form, meaning the reported requirements could be altered before any final policy is implemented.
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