A new DHS rule expands the definition of foreign government employees, denying citizenship at birth to their children. 

Published on: Sep 5, 2026, 07:19:20 IST

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The US Department of Homeland Security has issued a new interim final rule that seeks to deny recognition of US citizenship to certain children born on American soil to foreign government employees, expanding an exception that historically applied primarily to children of foreign diplomats.

The rule, issued on September 4, follows President Donald Trump's August 6 executive order targeting categories of children whose parents are not US citizens. It comes after the Supreme Court earlier this year rejected Trump's broader attempt to restrict birthright citizenship.

The new policy is significant because it moves beyond the longstanding diplomatic exception and creates a broader category of foreign government workers whose children may not automatically receive US citizenship at birth.

Who could be affected by the new rule?

Under the DHS rule, the definition of a "foreign government employee" includes foreign diplomatic officers, people employed by a foreign embassy or consulate who are nationals of that country, people employed by a foreign government in an official capacity, and employees of certain international organizations that have immunity in the US.

The rule does not cover every person working for a foreign-linked entity. DHS specifically excludes personal employees of foreign officials, such as chauffeurs and housekeepers, employees of state-owned enterprises who do not hold A or G nonimmigrant status, third-country nationals working for foreign governments, and contractors working for foreign missions or governments outside the specified visa categories.

The distinction could be particularly important for families working in diplomatic, government and international-organization roles in the US.

What happens to children who are no longer treated as US citizens?

The rule does not simply leave affected children without a legal immigration route.

DHS is expanding an existing process that allows eligible children to voluntarily register as lawful permanent residents. The agency said children born to qualifying foreign government employees, where neither parent is a US citizen, can use Form I-485 to seek permanent resident status. If approved, their permanent residence is treated as beginning from the date of birth.

Registration as a permanent resident remains voluntary. However, DHS says children who do not obtain citizenship at birth may still be subject to federal alien-registration requirements, including potentially filing Form G-325R.

The agency is also revising Forms I-485 and G-325R to account for children born in the US who fall into this category.

How is this different from the old rule?

The Fourteenth Amendment generally provides citizenship to people born in the United States and subject to its jurisdiction. US legal precedent has long recognized limited exceptions, including children of foreign diplomatic representatives.

DHS says the previous regulations dealt specifically with children of foreign diplomatic officers. The new rule replaces that narrower category with the broader concept of a "foreign government employee."

That means the administration is seeking to extend the diplomatic exception to additional government and international-organization employees.

Is the rule already in effect?

Not yet in its final form. The Federal Register document is scheduled for publication on September 9, 2026, and says the interim final rule will apply prospectively to children born on or after its effective date. Children born before that date are not subject to the new requirements.

There is also an important legal limitation.

A federal judge in Maryland issued a preliminary injunction on September 2 blocking enforcement of Trump's latest birthright citizenship restrictions for the nationwide class covered by the existing case. DHS itself acknowledges that it will not implement the new rule against members of that certified class unless the government obtains relief from the injunction.

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