Quick Question

Do the passports have to be up to date? I'm sure it has been answered, but I can't find the answer.

TIA

Not necessarily.

Although it does help, you're not required for it to be valid or up to date.

If it is valid, then you do not need to send a copy of your birth certificate and translated/notarized birth certificate so it helps you in that matter.

If it isn't valid you MUST include a copy of your original birth certificate AND the translated and notarized birth certificate as well.

Aren't passports and birth certificates two separate things, or does the rules for birth certificates apply to passports?

No they don't. Although its better if you could get it renewed through a consulate. Remember, you're in unlawful status, means you haven't been to your country in a while. Passports do have expiration dates and they understand this.