The US State Department has proposed requiring parents applying for passports for their children to provide proof of their own citizenship or immigration status, according to draft guidance reviewed by Reuters. The proposal is part of President Donald Trump's latest effort to limit birthright citizenship.

The draft guidance represents a detailed look at how the State Department could enforce Trump's August 6 executive order, which targets what it calls "birth tourism" and broadens historical exceptions to birthright citizenship. The White House referred questions to the State Department.

State Department spokesman Tommy Pigott stated, "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."

The proposal would require all parents or legal guardians to provide proof of their own citizenship, such as a valid US passport or birth certificate, or evidence of their immigration status, such as an I-94 form or a legal permanent residency card, when applying for passports for their children. Currently, parents whose children were born in the US only need to prove parentage and present photo identification; they are also asked to check a box on the application form indicating if they are US citizens but are not required to file supporting documentation.

The State Department draft guidance states, "The Department will require parental information and evidence of parental citizenship or immigration status as part of its determination whether the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."

Background and legal challenges

Limiting birthright citizenship has been a top priority for the president in his far-reaching immigration crackdown. The US Supreme Court previously ruled that his initial executive order granting automatic US citizenship at birth only to children with at least one parent who was a US citizen or lawful permanent resident violated the Citizenship Clause of the Constitution's 14th Amendment in a 6-3 ruling.

Trump's August 6 order was narrower, taking particular aim at "birth tourism," in which women travel to the US to give birth so their children can obtain automatic citizenship. The new directive would withhold citizenship from children with a parent who works for a foreign government in the US, is engaged in fraud or a commercial transaction to obtain citizenship, or is classified as an "alien enemy."

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 prevent his latest order from taking effect. One of those lawsuits is before US District Judge Deborah Boardman, who was appointed by Democratic President Joe Biden. At a hearing in Greenbelt, Maryland, Boardman voiced skepticism about what she called Trump's unprecedented order and allowed the plaintiffs to revise their lawsuit.

Justice Department attorneys have argued that a restraining order would be inappropriate and that the legal challenge was premature, as federal agencies had yet to issue public guidance on how the president's directive would be implemented.