DHS Expands Residency Registration for US-Born Children of Foreign Government Employees

New Residency Rules for Children of Foreign Officials

Washington, September 5: The Department of Homeland Security (DHS) has broadened the criteria for certain US-born children of foreign government employees to apply for lawful permanent residency, while noting that a federal court injunction restricts the implementation of this new regulation.

This interim final rule is applicable when neither parent holds US citizenship, and at least one parent was employed by a foreign government at the time of the child's birth. The rule became effective on September 4 and is relevant only for children born on or after this date.

This adjustment is in line with President Donald Trump’s Executive Order 14418 and extends an existing regulation that pertains to children born in the US to accredited foreign diplomatic officials.

The revised regulation replaces the term “foreign diplomatic officer” with the broader phrase “foreign government employee.”

This new definition encompasses accredited foreign diplomatic officials as well as nationals working at their respective embassies or consulates. It also includes individuals employed by foreign governments in an official capacity and employees of international organizations that enjoy international-organization immunity.

However, certain groups are excluded from this rule. This includes personal staff and attendants of foreign officials, such as personal assistants, drivers, and housekeepers.

Additionally, employees of state-owned enterprises, third-country nationals working for foreign governments, some contractors, and foreign government employees visiting the US for personal reasons are also excluded.

The regulation stipulates that eligible individuals may be recognized as lawful permanent residents from birth. While registration for permanent residency is optional, non-US citizens may still be subject to alien-registration requirements under the Immigration and Nationality Act.

DHS is in the process of updating Form I-485 and its accompanying instructions to replace references to individuals born in the US under diplomatic status with language that pertains to those born to foreign government employees.

Changes will also be made to Form G-325R, which will apply to US-born children who do not automatically acquire citizenship at birth, do not utilize the revised permanent-residence process, and remain subject to federal alien-registration requirements.

DHS has stated that this rule will not be applied to members of the certified class in Casa Inc. v. Trump, nor will it act in any manner that contradicts the preliminary injunction issued by the US District Court in Maryland. This restriction will persist unless the government secures relief from the court.

The Fourteenth Amendment provides citizenship to individuals born in the US and subject to its jurisdiction. Historically, the US Supreme Court has acknowledged limited exceptions, including those for children born to accredited foreign diplomatic representatives.

Federal immigration authorities have permitted such children to register as permanent residents since at least the 1940s. Formal regulations outlining this process were established in 1982, requiring applicants to demonstrate that they had not abandoned their residency in the US.