Proposed Passport Rule Will Make Parents Prove Their Own Citizenship

New State Department passport rules could require parents to prove their citizenship or immigration status when applying for passports for their children.The State Department is considering new rules for children’s passports that would require parents to submit proof of their own citizenship or immigration status. The proposal, if implemented, would mark a significant departure from how the State Department currently processes passport applications for children. Under the current rules, parents applying for passports for their children must provide proof of the child’s eligibility for a passport—generally proof of citizenship status such as a birth certificate or an expired passport—and proof of their relationship to the child. The new rules would also require parents to submit proof of their own citizenship—even if they’re not applying for a passport for themselves. A draft proposal was reviewed by the news agency Reuters. It was unclear how the State Department planned to use citizenship documentation provided by parents should the rule become final. The draft made reference to Executive Order 14418, which was signed by President Trump in August 2026, saying that citizenship cannot be granted to consular officials, children of people belonging to foreign terrorist organizations, or people who have engaged in what the administration terms “birth tourism,” or come to the United States expressly to give birth to children who would be conferred U.S. citizenship. The order instructed the State and Homeland Security Departments to take all steps to prevent “birth tourism,” including revoking visas or permanently barring offenders from entering the United States. Continue Reading Article After Our Video Recommended Fodor’s Video The executive order was issued in response to a Supreme Court ruling in June that upheld birthright citizenship, or the constitutional right to citizenship for all children born in the United States, regardless of the citizenship status or nationality of their parents. A district court judge on Tuesday separately prevented that executive order from being enforced while a lawsuit against it works its way through the courts.It appears the State Department’s proposal aims to require citizenship paperwork from all parents applying for passports for their children to verify them against the executive order, but the proposal raises legal questions, particularly if the Department were to ultimately deny a passport to a child who is a U.S. citizen because of the citizenship status of the parents. Requiring proof of citizenship from parents of children applying for passports could also be used as a pretext for immigration enforcement actions, which could have a chilling effect on passport applications for U.S. citizen children who are otherwise entitled to them, but whose non-citizen parents worry about administrative difficulties. Neama Rahmani, former federal prosecutor and president of West Coast Trial Lawyers, told Newsweek, “Practically speaking, parents who have no [citizenship] status are unlikely to apply for passports for their citizen children out of fear of being arrested and deported.”If the rule becomes final, it would likely face immediate legal challenges, especially now that the underlying executive order that the State Department claims as authority for requesting proof of citizenship has now been blocked by the courts. “The President has no power to unilaterally rewrite the Constitution, and he should be enjoined from denying citizenship to the members of the certified class under this or any other executive order,” attorneys for the plaintiffs in the district court case wrote last week. The State Department issued 27.3 million passports in 2025, a record high—nearly double the number issued just ten years ago. There are 183.1 million valid U.S. passports, meaning around 58% of U.S. citizens who are eligible for a passport have one that is currently valid.