The Trump administration is considering a new requirement for passport applications. Parents might need to show proof of their own U.S. citizenship or immigration status when applying for passports for children. The proposal marks a shift in the State Department’s processing of passport applications, aligned with President Donald Trump’s focus on limiting birthright citizenship.
Potential Requirements
If this policy is implemented, parents would submit documents like passports, birth certificates, or immigration paperwork to prove their citizenship or legal status. Although the proposal is not yet finalized, State Department spokesman Tommy Pigott stated to Newsweek, “President Trump has been clear that the administration focuses on protecting the meaning and value of American citizenship.” Pigott added that the department does not pursue leaked documents.
Concerns arise that the passport application process might restrict children who are U.S. citizens by birthright under the Constitution. The 14th Amendment establishes birthright citizenship for those born in the U.S. and subject to its jurisdiction. The Supreme Court recently ruled against Trump’s attempts to limit birthright citizenship.
Current Application Process
Currently, parents applying for passports for U.S.-born children must provide proof of the child’s citizenship, their relationship with the child, and photo identification. Generally, separate proof of the parent’s citizenship or immigration status is not required.
Expert Opinions on Legal Implications
Legal experts hold varied views on the constitutional concerns. Dave Aronberg, former Palm Beach County State Attorney, cautions that requiring parental documentation could challenge constitutional protections if used to assess a child’s entitlement to citizenship. Aronberg expects lawsuits if the policy proceeds, arguing that an agency cannot adjust the Citizenship Clause through passport requirements.
Neama Rahmani, former federal prosecutor and president of West Coast Trial Lawyers, notes that requiring parental documentation isn’t inherently unconstitutional, but denying a passport based on parental immigration status might be problematic. He presents the scenario of parents unlawfully present but whose child is a birthright citizen. Due to fear of arrest and deportation, such parents might avoid passport applications for their children.
Birth Tourism Executive Order
On August 6, 2026, Trump signed an order against “birth tourism”—foreign nationals using temporary visas to give birth in the U.S. The order aims to prevent entry or visa authorization for birth tourism, allowing visa revocation and permanent entry bans. Exceptions may occur on humanitarian grounds or if entry aligns with national interests.
The White House states the policy ensures nonimmigrant visas fulfill lawful purposes rather than secure immigration benefits. Although it targets birth tourism, the order does not eliminate birthright citizenship.
Future Developments
The proposal remains under State Department review. If approved, the policy might be enacted administratively in line with Trump’s executive order. Any finalized policy will likely encounter legal challenges amid broader efforts to restrict birthright citizenship.
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