On September 1, 2026, Reuters reported that the U.S. Department of State (DOS) is considering new passport application requirements that would require parents applying for passports on behalf of their children to provide evidence of their own citizenship or immigration status. The proposal is part of the Trump administration’s efforts to implement the President’s August 6 executive order addressing birthright citizenship and so-called “birth tourism.”
According to a draft DOS guidance document reviewed by Reuters, parents or legal guardians applying for a child’s U.S. passport would be required to submit documentation demonstrating their citizenship or immigration status. Acceptable evidence could include a U.S. passport, birth certificate, lawful permanent resident card, or other immigration-related records. The information would be used to determine whether a child is subject to Executive Order 14418 and qualifies for U.S. citizenship under the administration’s policy framework.
Currently, parents applying for passports for U.S.-born children generally must establish parentage and present photo identification. While applicants are asked to indicate citizenship status on passport forms, supporting documentation from parents is not typically required.
Background
The proposal follows President Trump’s August 6 executive order targeting “birth tourism,” a practice in which foreign nationals travel to the United States to give birth so their children may acquire U.S. citizenship. Under the order, citizenship could be denied to certain children born in the United States, including those whose parents are working on behalf of foreign governments, are determined to have engaged in fraud or commercial transactions to secure citizenship benefits, or are classified as “alien enemies.”
The administration’s latest action comes after the U.S. Supreme Court previously ruled that an earlier executive order seeking to restrict birthright citizenship violated the Citizenship Clause of the Fourteenth Amendment. Reuters reports that lawsuits challenging the August executive order have already been filed, and federal courts are currently considering whether implementation of the policy should be blocked pending further review.
Erickson Insights & Analysis
If implemented, the proposed policy would introduce a significant new documentation requirement for families applying for U.S. passports for their children. The change could increase processing complexity and require additional review by passport adjudicators, potentially resulting in longer application processing times.
Because the guidance remains in draft form and ongoing litigation could affect implementation, the ultimate scope and timing of any policy changes remain uncertain.
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.