The U.S. Department of State has drafted internal guidelines that would require parents or legal guardians to provide proof of their own citizenship or immigration status when applying for passports for their minor children. This revelation comes from a recent Reuters investigation.
This proposal offers the first detailed glimpse of how the Trump administration might enforce Executive Order 14418, signed on August 6, 2026. The order targets so-called "birth tourism" and expands historical exceptions to birthright citizenship.
Potential Changes in the Passport Application Process
Under current regulations, parents of children born on U.S. soil only need to demonstrate their relationship to the child and present a photo ID when applying for a child's passport, without needing to provide documents proving their own immigration status.
If the draft becomes an official rule, parents or guardians would be required to submit documents such as a valid U.S. passport, a birth certificate, Form I-94, or a permanent resident card with the application.
The aim is to enable the government to determine whether the child falls under the EO 14418.
The draft text, as cited by Reuters, states: "The Department will require parental information and proof of parents' citizenship or immigration status as part of its determination of whether the applicant is subject to EO 14418."
Impact of the New Executive Order
EO 14418 would strip automatic citizenship from the children of individuals working for a foreign government in the U.S., those who have committed fraud or engaged in a commercial transaction to obtain citizenship, or who are classified as "foreign enemies."
State Department spokesperson Tommy Pigott defended the measure, saying: "President Trump has been clear that this administration will protect the meaning and value of American citizenship without exception, and that includes ensuring our passport adjudication process fully reflects that standard."
Ongoing Legal Battle
Trump's efforts to challenge birthright citizenship have faced legal hurdles for over a year. His initial executive order, signed on January 20, 2025, was promptly blocked and eventually overturned by the Supreme Court in a 6-3 decision on June 30, 2026, in the case of Trump v. Barbara. The court reaffirmed the Citizenship Clause of the 14th Amendment as protection for nearly all children born on U.S. soil.
Following this setback, Trump signed two more narrowly focused executive orders on August 6: EO 14418 and another directing enhanced actions against birth tourism, including denying visas to those traveling to the U.S. primarily to give birth.
Just a day before Reuters published the draft, Federal Judge Deborah Boardman of the District of Maryland issued a preliminary injunction blocking the application of EO 14418, preventing it from being applied to any child born after February 19, 2025.
Judge Boardman labeled the administration's argument as a "distorted interpretation" of the Supreme Court's decision, stating: "The Supreme Court has spoken. Its June decision is the law of the land. The president must comply."
Justice Department attorneys argued against the restraining order, claiming the legal challenge was premature since federal agencies had yet to issue public guidance on implementing the directive.
The case remains in litigation, with expectations that the government will appeal Boardman's decision, potentially bringing the issue back to the Supreme Court.
This measure is part of a broader set of immigration changes that are reshaping the rules for those who live in or wish to reside in the United States. Stay informed on all developments in our U.S. Immigration section.
Understanding Trump's Executive Order on Birthright Citizenship
What is the purpose of Executive Order 14418?
The order aims to address "birth tourism" and limit automatic citizenship by expanding exceptions to birthright citizenship, affecting children born to foreign government employees, those involved in citizenship fraud, or classified as foreign enemies.
How might the passport application process change for U.S.-born children?
Parents would need to provide proof of their citizenship or immigration status, such as a U.S. passport, birth certificate, Form I-94, or permanent resident card, when applying for their child's passport.
What legal challenges has the executive order faced?
The order was blocked by a Supreme Court decision reaffirming the 14th Amendment, and a federal judge has issued a preliminary injunction against its enforcement.