The United States
Under current regulations, parents applying for a child’s passport must verify their relationship to the minor and provide government-issued photo identification. While applicants are currently asked to declare their citizenship status on forms, they are not routinely required to submit supporting evidence of their immigration standing. The new proposal would mandate that parents provide specific proof, such as a valid US passport, a birth certificate, an I-94 form, or a legal permanent residency card, to assist the government in determining the child's eligibility for citizenship.
Implementation of Executive Order 14418
The draft guidance indicates that the State Department will use the newly requested parental information to determine if a child is subject to the restrictions outlined in Executive Order 14418. According to the proposal, the directive is intended to withhold citizenship from children born to parents who are classified as alien enemies, those engaged in commercial transactions or fraud to obtain citizenship, or those employed by a foreign government while in the United States.
State Department spokesperson Tommy Pigott stated that the administration is committed to protecting the value of American citizenship and ensuring that the passport adjudication process reflects that standard. The move follows a broader policy agenda by President
Ongoing Legal Challenges
The proposed passport rules are currently the subject of intense scrutiny in federal court. Lawyers representing plaintiffs in class-action lawsuits have requested that federal judges block the implementation of the executive order. During a recent hearing in Greenbelt, Maryland, U.S. District Judge Deborah Boardman expressed skepticism regarding the order and permitted the plaintiffs to amend their lawsuit to further challenge the directive.
In response, Justice Department attorneys have argued that the legal challenges are premature, noting that federal agencies had not yet finalized public guidance on the implementation of the order. They have maintained that a restraining order at this stage would be inappropriate. This latest development follows previous attempts by the administration to restrict birthright citizenship, including a prior executive order that was ruled unlawful by the U.S. Supreme Court in a 6-3 decision, which found the measure violated the Citizenship Clause of the 14th Amendment.
