US weighs tougher passport rules for children

Hadia Batool
By
Hadia Batool
Hadia Batool is Web Editor of Minute Mirror. She can be reached at bhadia624@gmail.com.
4 Min Read

Summary

  • Under the proposed rules, parents may have to provide proof of their own US citizenship or immigration status when applying for a passport for their children.
  • The term refers to cases in which foreign nationals travel to the United States to give birth so their children can obtain US citizenship.
  • His initial executive order sought to deny automatic citizenship to some children born in the US unless at least one parent was an American citizen or lawful permanent resident.
AI Generated Summary

The US State Department is considering stricter passport requirements for children born in the United States. Under the proposed rules, parents may have to provide proof of their own US citizenship or immigration status when applying for a passport for their children.

The proposal is part of President Donald Trump’s broader immigration agenda. His administration is seeking to restrict what it describes as “birth tourism”. The term refers to cases in which foreign nationals travel to the United States to give birth so their children can obtain US citizenship.

Draft guidance prepared by the State Department would require parental information as part of the passport application process. Officials would use the information to determine whether a child qualifies for US citizenship under Trump’s latest executive order.

Parents could be asked to submit documents proving their citizenship. These could include a valid US passport or a US birth certificate. Parents who are not US citizens could instead be required to provide evidence of their immigration status.

Documents such as an I-94 admission record or a lawful permanent resident card could be used as proof of immigration status.

The proposed system would represent a significant change from the current passport process. At present, parents of children born in the US generally have to establish their relationship with the child and provide photo identification. They can indicate on the application whether they are US citizens, but supporting citizenship documents are not normally required from both parents.

The proposed guidance follows Trump’s August 6 executive order. The order focuses specifically on birth tourism and seeks to expand the circumstances in which birthright citizenship could be denied.

Under the directive, citizenship could be withheld from certain children if a parent is working for a foreign government in the United States, is involved in fraud or a commercial arrangement aimed at obtaining citizenship, or is designated an “alien enemy”.

The administration says the changes are intended to protect the meaning of American citizenship. State Department spokesman Tommy Pigott said the Trump administration wanted the passport process to reflect its position on citizenship.

The proposal comes after an earlier and broader attempt by Trump to restrict birthright citizenship faced a major legal setback. His initial executive order sought to deny automatic citizenship to some children born in the US unless at least one parent was an American citizen or lawful permanent resident.

The US Supreme Court later ruled against that order. The court’s 6-3 decision found that the policy conflicted with the Citizenship Clause of the 14th Amendment.

Trump’s latest order is narrower but is also facing legal challenges. Lawyers representing families affected by the policy have filed lawsuits seeking to prevent it from being implemented.

One case is being heard by US District Judge Deborah Boardman in Maryland. During a recent hearing, Boardman expressed doubts about the unprecedented nature of the administration’s directive. She also allowed the plaintiffs to amend their lawsuit as the court considers whether the order should be blocked.

Justice Department lawyers have argued that immediate court intervention would be premature. They say federal agencies had not yet issued final public instructions explaining how the order would be enforced.

The State Department’s draft guidance now offers a clearer indication of how the administration could implement the policy through the passport system. However, the proposal is not necessarily final and could face further legal and administrative challenges.

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Hadia Batool is Web Editor of Minute Mirror. She can be reached at bhadia624@gmail.com.
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