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The United States government may require parents and legal guardians to provide proof of their citizenship or immigration status when applying for passports for their children under new rules being considered by the State Department.
The proposed requirement is part of the Trump administration’s broader effort to restrict birthright citizenship and could introduce additional documentation requirements for parents seeking US passports for children born in the country.
According to draft guidance reviewed by Reuters, the State Department plans to collect information about the citizenship or immigration status of a child’s parents when determining whether the child qualifies for US citizenship under President Donald Trump’s August 6 executive order.
What they are saying
The draft guidance states that the department “will require parental information and evidence of parental citizenship or immigration status” when assessing whether a passport applicant is affected by the executive order.
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Under the proposed process, parents could be required to submit documents such as a valid US passport or birth certificate as proof of citizenship. Those providing evidence of immigration status could be asked to submit documents including an I-94 arrival record or a lawful permanent resident card, commonly known as a green card.
The proposed changes would represent a significant shift from the current passport application process for children born in the US.
At present, parents generally provide evidence establishing their relationship to the child and present identification when applying for a passport. Parents also indicate on the application whether they are US citizens, but are not generally required to submit documentary evidence of their citizenship solely for that declaration.
Get up to speed
The proposed passport rules are linked to Trump’s latest executive order targeting what his administration describes as “birth tourism,” where foreign nationals travel to the US to give birth and obtain citizenship for their children.
The August 6 order sought to limit birthright citizenship in specific circumstances. It would exclude children from automatic citizenship where a parent is working for a foreign government in the US, is involved in fraud or a commercial transaction intended to secure citizenship, or is classified as an “alien enemy.”
The administration has made restricting birthright citizenship a key part of its wider immigration policy.
Trump’s earlier attempt to broadly end birthright citizenship was challenged in court. The US Supreme Court ruled against that effort, with a 6-3 decision finding that the order violated the Citizenship Clause of the 14th Amendment to the US Constitution.
The latest executive order is also facing legal challenges. Lawyers representing babies and families who could be affected have asked federal courts to prevent the policy from taking effect.
What you should know
The U.S. had introduced a series of immigration restrictions affecting Nigerians and other foreign nationals under the Trump administration. In May 2026, the United States Citizenship and Immigration Services (USCIS) said foreigners temporarily residing in the country would generally be required to return to their home countries to apply for Green Cards, rather than completing the process through adjustment of status from within the U.S.
- The development followed other measures affecting Nigerians, including a July 2025 policy that reduced the validity of certain non-immigrant visas issued to Nigerians to three months with single entry, replacing the previous multiple-entry visas that could remain valid for up to five years.
More recently, the U.S. has continued tightening immigration pathways, with changes affecting foreign workers, students and other visa holders. Nairametrics reported on August 31, 2026, that the U.S. was considering ending the 60-day grace period available to some foreign workers who lose their jobs, potentially requiring affected workers to leave the country sooner.
