The US State Department on September 1, 2026, proposed draft guidelines requiring parents or legal guardians applying for US passports for their US-born children to submit proof of their own US citizenship or legal immigration status [1, 2, 3]. Until now, parents only needed to show parentage and photo ID without verifying their citizenship or immigration documents [1, 2, 3].

The evidence parents would have to submit under the new rules includes a US passport, birth certificate, green card, or I-94 arrival/departure records. The measure aims to verify the child's eligibility for US citizenship before issuing passports [1, 2, 3].

This proposal is part of the Trump administration's efforts to restrict birthright citizenship, specifically targeting "birth tourism"—a practice where foreign nationals travel to the US to give birth so their children automatically gain citizenship [1, 2, 3]. It follows Trump's August 6 executive order (EO 14418) that narrowed restrictions mainly on birth tourism and excluded children from citizenship if parents are foreign government workers, involved in fraud, or declared "alien enemies" [1, 2, 3, 4].

Earlier, the Supreme Court struck down a broader 2026 Trump administration order banning birthright citizenship in a 6-3 vote on June 30, ruling it unconstitutional under the 14th Amendment Citizenship Clause [1, 2, 3, 4]. Legal challenges continue against the newer August 6 order and the proposed passport rules, with lawsuits filed by advocacy groups representing affected children seeking to block enforcement [1, 2, 3, 4, 5].

On September 2, 2026, US Federal District Judge Deborah Boardman in Maryland issued a preliminary injunction stopping the enforcement of the August 6 "birth tourism" executive order, calling it "likely unconstitutional" and violating the Supreme Court's affirming ruling on birthright citizenship. She barred the State Department, Homeland Security, and Social Security Administration from denying or interfering with citizenship status of affected children while the lawsuit proceeds [4, 5]. Judge Boardman said, "The Supreme Court has clearly stated that children in certified class actions are citizens from birth. The President's August order is 'almost certainly unconstitutional'" [4].

State Department spokesperson Tommy Pigott said the administration is "committed to defending the meaning and value of US citizenship and ensuring passport review processes reflect this standard" [2]. Meanwhile, Shana Khader, Legal Director of We Are CASA, commented on the litigation setbacks for the government, saying, "On attacking birthright citizenship, the Trump administration has lost in this court, the Supreme Court, and today once again" [5].

The public comment period for the draft passport rules is ongoing. The final decision on adopting these requirements will come after the review and pending outcome of ongoing lawsuits challenging the executive order and related policies.