The US state department has proposed requiring parents applying for passports for their children to provide proof of their own citizenship or immigration status as part of Donald Trump’s latest effort to limit birthright citizenship. The draft guidance, reviewed by , is the first detailed look at how the state department could enforce Trump’s 6 August executive order targeting what it calls “birth tourism” and broadening historical exceptions to birthright citizenship. The White House referred questions to the state department. In a statement, state department spokesman Tommy Pigott 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.” Limiting birthright citizenship has been one of the president’s top priorities in his far-reaching crackdown on immigration.
The US supreme court ruled his previous attempt violated the country’s constitution. Trump’s initial executive order would have granted automatic US citizenship at birth only to children with at least one parent who was a US citizen or a lawful permanent resident known as a green card holder. In a 6-3 ruling, the supreme court found the order was unlawful, with a majority finding it violated the citizenship clause of the US Constitution’s 14th amendment.
Trump’s August 6 order was narrower, taking particular aim at “birth tourism” in which women travel to the United States to give birth so their children can obtain automatic citizenship. That order could still be blocked in court. 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”.
If implemented, the proposal would require all parents or legal guardians to provide proof of their 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 submitting a passport application for their children. The information would be used by the government to determine if the child qualifies for citizenship under the new order, the State Department proposal says. Currently, parents whose children were born in the US only need to prove their parentage and present photo identification during this process.
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. 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.
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