The Department of State (DOS) proposed parents with citizen children prove their own citizenship when requesting their passports. The move is part of the August 2026 executive order targeting “birth tourism” and broadens historical exceptions to birthright citizenship. Currently, this is just a proposal and doesn’t have a concrete implementation date.
For now, the government has only issued a draft without an effective date, and cannot enforce it.
What the Proposal Says
As The Guardian points out, the draft guidance would allow the government to refuse a passport, effectively denying citizenship, to a child if the parent works for a foreign government while in the United States, obtained citizenship through a commercial transaction or fraud, or appears on an “alien enemy” list. That’s a genuine change. At the moment, when a parent is applying on behalf of their U.S.-born child for a passport, all they have to do is prove the parent-child relationship and produce a photo ID. Although the form asks about the parent’s citizenship, supporting documentation isn’t mandatory.
What Would Change at the Passport Counter
With the new method, parents would have to provide evidence of their own situation together with the child’s documents. In order to prove their citizenship, they could use a valid U.S. passport or birth certificate. Parents who themselves are not citizens would need to produce documentation showing their lawful status, for example an I-94 arrival record or a green card. Passport officers would use that information, not just what’s on the child’s application, for determining their citizenship qualifications.
The Bigger Picture
The proposal is not being introduced in isolation; it follows just two months after the Supreme Court had dismissed Trump’s earlier and more extensive effort to restrict birthright citizenship in a 6-3 decision, and therefore this version is narrower intentionally and has clearly been drafted with the aim of withstanding a similar legal challenge. However, whether it will survive remains to be seen. Advocacy groups already have lawsuits going on regarding the original executive order, and some of them are requesting that the courts block this proposal before it comes into effect.
It’s something worth keeping a close eye on in those families where one or both parents don’t have readily available proof of their citizenship or status.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical you get the right advice.