New DHS Rule Addresses Children Born to Foreign-Government Employees

Citizenship & Naturalization
Written By Bamisope Adeyanju

By Bamisope Adeyanju, Esq.

Published September 9, 2026

Current status: Effective September 4, 2026, but partially limited by a federal court injunction.

On September 9, 2026, DHS published an interim final rule addressing the immigration status of certain children born in the United States. The rule took effect on September 4 and applies prospectively to covered children born on or after that date.

Historically, federal regulations provided that children born in the United States to accredited foreign diplomatic officers generally did not acquire citizenship at birth but could register as lawful permanent residents. The new rule expands that framework to certain additional foreign-government employees.

The rule potentially applies when neither parent is a U.S. citizen and either parent was, at the time of birth:

  • An accredited foreign diplomatic officer;

  • A national employed by their country’s embassy or consulate;

  • Employed by a foreign government in an official capacity; or

  • Employed by an international organization with qualifying immunity.

Several groups are generally excluded, including personal attendants, certain contractors and employees of state-owned enterprises, third-country nationals working for another country’s government and foreign-government employees visiting the United States in a personal capacity.

A covered child whom DHS considers not to have acquired citizenship may voluntarily seek registration as a lawful permanent resident using Form I-485. If granted, permanent residence is recorded as of the child’s birth. DHS has also revised the Form G-325R registration framework.

The rule’s implementation is limited by ongoing litigation. A federal court entered a classwide preliminary injunction on September 2, 2026. DHS expressly acknowledges that it will not apply the new rule to members of that class or otherwise act inconsistently with the injunction unless the government obtains relief.

Because the analysis depends on both parents’ citizenship, immigration status and employment at the precise time of birth, families should not assume that the rule applies—or that a U.S.-born child lacks citizenship—without a careful legal review.

Primary sources: DHS interim final rule and CASA, Inc. v. Trump, No. 8:25-cv-00201 (D. Md. Sep. 2, 2026) preliminary-injunction opinion.

This article is provided for general informational purposes only and does not constitute legal advice. Reading this article or contacting Adeyanju Law, PLLC, does not create an attorney-client relationship. Immigration laws and agency policies may change, and their application depends on individual circumstances.

Bamisope Adeyanju