Team Trump Proposes Stricter Child Passport Rules To Curb Birthright Citizenship; Will It Impact Indian-Origin Families?

The US State Department has proposed requiring parents applying for passports for their children to provide proof of their own citizenship or immigration status as part of President Donald Trump's latest effort to limit birthright ‌citizenship, news agency Reuters reported on Wednesday.

The draft guidance, reviewed by the news agency, is the first detailed look at how the State Department could enforce Trump's August 6 executive order targeting what it calls "birth tourism" and broadening historical exceptions to birthright citizenship.

In a statement, State Department spokesman Tommy Pigott said that “President Trump has been unequivocal that this Administration will protect the meaning and value of American citizenship, full stop, and that includes making sure our passport adjudication process fully reflects that standard."

How is the Trump administration cracking down on birthright citizenship?

Limiting birthright citizenship has been one of the president's top priorities in his far-reaching crackdown on immigration. The ⁠US Supreme Court ruled his previous attempt violated the country's Constitution. Trump's initial executive order would have granted automatic US citizenship at birth only to children with at least one parent who was a US citizen or a lawful permanent resident known as a green card holder.

In a 6-3 ruling, the Supreme Court found the order was unlawful, with a majority finding it violated the Citizenship Clause of the Constitution's 14th Amendment.

Implementing Trump's order

Trump's August 6 order was narrower, taking particular aim at "birth tourism," in which women travel to the United States to give birth so their children can obtain automatic citizenship. That order could still be blocked in court. The new directive would withhold citizenship from children with a parent who works for a foreign government in the US, is engaged in fraud or a commercial transaction to obtain citizenship, or is classified as an "alien enemy."

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“The Department will require parental information and evidence of parental citizenship or immigration status as part of its determination ‌whether the ⁠applicant is subject to EO 14418,” the State Department draft guidance reads, citing the executive order number.

What if Trump proposal comes into affect

If implemented, the proposal would require all parents or legal guardians to provide proof of their citizenship, such as a valid US passport or birth certificate, or evidence of their immigration status, such as an I-94 form or a legal permanent residency card, when submitting a passport application for their children. The information would be used by the government to determine if the child qualifies for citizenship under the new order, the State Department proposal ⁠says.

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Currently, parents whose children were born in the US only need to prove their parentage and present photo identification during this process. They are also asked to check a box on the application form indicating if they are US citizens but are not required to file supporting documentation.

Will it impact Indian-origin families

Limited for the large majority of Indian professionals and their US-born children. Indians are major recipients of H-1B (and related) visas; many children are born to parents legally present on work, student, or dependent visas. Multiple analyses and reporting note that these families are generally unaffected for citizenship purposes, the child remains a US citizen under the 14th Amendment as interpreted by the Court, and the new orders do not target ordinary temporary visa holders or green-card pathways.

(With inputs from Reuters)

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