New DHS Rule on U.S.-Born Children of Foreign Government Employees — In Effect Now, and Partly Blocked by a Court Injunction

On Sept. 4, 2026, DHS issued an interim final rule, "Registration of Lawful Permanent Residence for Children Born to Foreign Government Employees in the United States" (RIN 1615-AD24; DHS Docket No. USCIS-2026-0496), rewriting 8 CFR 101.3. USCIS states the rule is effective Sept. 4, 2026 and applies only to children born on or after that date; children born earlier are treated under the regulations in place at the time of their birth. It was issued without advance notice and comment — DHS invoked the Administrative Procedure Act's foreign-affairs and good-cause exceptions — and comments are due within 30 days of publication. The rule does two things. First, it replaces the narrow term "foreign diplomatic officer" with a broader category, "foreign government employee," covering accredited diplomatic officers, foreign nationals employed by their own country's embassy or consulate, persons employed by a foreign government in an official capacity, and employees of international organizations that hold international-organization immunity; it then provides that a child born in the United States to such a person is not subject to U.S. jurisdiction for birthright citizenship purposes unless at least one parent is a U.S. citizen. Second, it extends to that broader group the longstanding voluntary option to register as a lawful permanent resident as of the date of birth, using Form I-485. The regulation expressly excludes a number of groups from the definition, including personal household employees of foreign officials, third-country nationals working for a foreign government, contractors outside A or G status, and foreign government employees visiting in a personal rather than official capacity. Two things deserve emphasis. DHS states in the rule that, given the injunction in Casa Inc. v. Trump, No. 8:25-cv-00201 (D. Md. Sept. 2, 2026), it "will not take actions to implement the rule specifically to any member of the certified class, or otherwise conflict with the preliminary injunction," unless the government obtains relief from that injunction. And this rule reaches a narrow population — it does not change the citizenship of a U.S.-born child whose parents are ordinary visa holders, students, workers, or people without status. It is, however, the first regulation implementing Executive Order 14418 of Aug. 6, 2026, which identifies its categories "non-exhaustively," so further rulemaking is possible. If a parent in your family works for a foreign government, an embassy or consulate, or an international organization and you are expecting a child, talk to us before assuming anything about that child's status.