New Details Emerge on the New “Birth Tourism” Ban

On September 1st, 2026, The Guardian provided new details on the “birth tourism” ban brought about by a Trump executive order in early August. The plan reportedly involves forcing parents to provide proof of their own legal status when applying for passports on behalf of their children. If this plan goes into effect, it would create a quasi-ban on birthright citizenship. Contact an experienced immigration attorney in Palm Beach County if you are struggling with this issue or any other immigration-related problem.

What if We Don’t Have Proof of Status When Applying for Our Child’s Passport?

If at least one parent does not have proof of lawful status (such as citizenship or permanent residence), then the State Department may not grant their child a valid US passport. If you need guidance on what specific forms you need to submit, contact a lawyer. Note that even if your child has a valid US birth certificate, a Social Security number, and other evidence of citizenship, it may be impossible for them to obtain a passport under this new policy.

Your Child Is Still a Valid US Citizen Without a Passport

It is important to remember that a passport is simply a travel document. While it certainly serves as proof of citizenship at border crossings, you do not need a passport in order to prove that you are a citizen. Other documents, such as birth certificates and Social Security numbers, can easily establish citizenship without a passport.

As of this writing, the administration has not been able to ban birthright citizenship. This means that a child born in the US automatically becomes a US citizen, regardless of the lawful status of their parents.

Why Not Having a Passport for Your Child Is a Problem

Although your child might still retain their birthright citizenship, not having a passport can cause significant issues for the whole family. Perhaps most obviously, your child cannot leave the United States without a valid passport. They cannot board international flights, and they may spend their entire lives in the United States.

This also means that the parents face an unimaginable situation if they ever leave the United States via deportation or voluntary departure. Because their child lacks a valid passport, they cannot take them out of the country. In the eyes of international border officials, the child is “stateless” and inadmissible.

Parents who face deportation may have to leave their children behind if they lack passports. The child may then go into foster care. One potential solution is to pursue dual citizenship on behalf of your child, but this is only possible if your home country allows dual citizenship.

Can a Palm Beach County Immigration Lawyer Help Me? 

Even though the Supreme Court has struck down the administration’s efforts to end birthright citizenship, forcing parents to prove their own legal status when obtaining passports for their children could still cause serious problems for families. Without a passport to prove US citizenship, children may be trapped inside the United States despite being born here. Contact Palm Beach County immigration attorneys at The Devore Law Group to learn more about potential solutions.

Source:

 theguardian.com/us-news/2026/sep/01/parents-citizenship-passports-children