Two things happened on 2 September on the same policy thread, and they point in opposite directions.
A federal judge blocked President Donald Trump’s August executive order limiting birthright citizenship. US District Judge Deborah Boardman, of the District of Maryland, ruled that the order is “almost certainly unconstitutional as applied to the certified class,” citing the Supreme Court’s June 2026 decision striking down an earlier version as “the law of the land.” The August order was narrower than that first attempt: it targeted “birth tourism” — travelling to the United States to give birth as part of a commercial transaction — and sought to deny citizenship to children whose parents are designated “alien enemies” or who work for a foreign government in the United States. The government has indicated it will appeal, arguing the Supreme Court ruling did not bar narrow exceptions. Boardman allowed agencies to continue drafting implementation guidance.
Separately, Reuters reported on draft State Department guidance showing how that enforcement would work. Parents applying for a passport for a child would have to supply proof of their own citizenship or immigration status — a valid US passport or birth certificate, or an I-94 form or permanent resident card — so the government can determine whether the child falls under Executive Order 14418. The draft states: “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.”
That is a change in what families actually hand over. At present, parents of US-born children need only prove parentage and show photo identification; they tick a box on the form indicating their own citizenship status but file no supporting documents.
State Department spokesman Tommy Pigott said 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.” What is confirmed today is the court block and the existence of the draft; the guidance itself has not been finalised.
References
NBC News – U.S. may ask parents to prove citizenship or immigration status to get passports for children / CBS News – Judge blocks Trump’s latest effort to narrow birthright citizenship
