New Passport Rules May Deny Citizenship to US-Born Kids

You gave birth in the United States. Your child was born here. Now, when you go to get your child a US passport, the government may demand proof of your own immigration status — and could deny your child citizenship altogether. That is the reality behind a new State Department draft proposal, reviewed by Reuters, that would reshape how the US handles passport applications for children born on American soil.

What the proposal says

The draft guidance is the State Department's first detailed plan for enforcing President Trump's August 6, 2026 executive order targeting what the administration calls "birth tourism" — the practice of traveling to the US specifically to give birth so a child can obtain automatic citizenship. Under the proposal, all parents or legal guardians applying for a US passport for their child would need to submit proof of their own citizenship or immigration status. Acceptable documents would include a valid US passport, a US birth certificate, a green card (lawful permanent resident card), or an I-94 form (the arrival/departure record issued to most nonimmigrant visitors). Currently, parents only need to prove parentage and show a photo ID. They check a box on the form saying whether they are US citizens, but no supporting documents are required.

The new order goes further than Trump's first attempt. His original executive order would have denied automatic citizenship to children unless at least one parent was a US citizen or a green card holder. The Supreme Court struck that order down 6-3 in June 2026, ruling it violated the citizenship clause of the 14th Amendment to the US Constitution. The August 6 order is narrower: it targets children whose parents work for a foreign government in the US, are engaged in fraud or a commercial transaction to obtain citizenship, or are classified as an "alien enemy." State Department spokesman Tommy Pigott said the administration intends to make sure "our passport adjudication process fully reflects" the president's standard on citizenship. Lawyers representing families affected by the earlier order have already asked two federal judges to block this new order before it takes effect.

Who is at risk

If the proposal becomes policy, families where one or both parents are on temporary visas — such as student visas, work visas, or tourist visas — could face the most uncertainty. Parents who are undocumented would also be directly affected. The government would use the parental information to decide whether the child qualifies for citizenship under the new executive order. Because courts are already reviewing legal challenges, the rule could be blocked before it is enforced. But no court has issued a final ruling yet.

What to do

• If you need a US passport for your US-born child now, gather documents that prove your own immigration status — your green card, visa, I-94 record, or US passport — even if the current rules do not require them yet.
• If your child's passport application is pending or you plan to file soon, talk to an immigration lawyer before submitting. A lawyer can assess whether the new order could affect your child's eligibility.
• If you received a denial or a request for additional evidence on a child's passport application, do not ignore it. You have the right to respond and to appeal.
• Follow updates from the State Department and federal courts — legal challenges are ongoing, and the rule's status may change quickly.

Related: our step-by-step guide — “The Path to U.S. Citizenship”.