The Department of Homeland Security (DHS) announced that it plans to issue an interim final rule on September 9, 2026, effective September 4, 2026, to allow certain children born in the United States to foreign government employees who are not U.S. citizens to register as lawful permanent residents.
DHS said the rule amends existing regulations that allow children born in the United States to foreign diplomatic officers to register as lawful permanent residents. The rule extends that opportunity to eligible children when neither parent is a U.S. citizen and at least one parent is a foreign government employee at the time of the child’s birth.
The interim final rule replaces the term “foreign diplomatic officer” with the broader term “foreign government employee.” Under the rule, DHS explained, “foreign government employee” includes “foreign diplomatic officers accredited to the United States, certain foreign embassy or consulate employees who are nationals of that foreign country, persons employed by a foreign government in an official capacity, and persons employed by an international organization that possesses international-organization immunity.”
The rule also clarifies categories that are not included, such as “personal employees or attendants of foreign officials, certain employees of state-owned enterprises, third-country nationals working for foreign governments, certain contractors, and foreign government employees visiting the United States in a personal capacity.”
DHS said that given the injunction in CASA, Inc., v. Trump, it will not implement the rule “specifically to any member of the certified class, or otherwise conflict with the preliminary injunction, unless and until the government obtains relief from the injunction. If the government obtains timely relief from the injunction, DHS will implement the rule accordingly.”
