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The US Department of Homeland Security announced a new rule that could change the immigration status of certain children born on US territory.
The measure will allow some minors whose parents work for foreign governments to register as lawful permanent residents, provided they meet the requirements established by immigration authorities.
The provision was published on September 4, 2026, via an interim final rule and responds to an Executive Order signed by President Donald Trump.
According to the DHS, the goal is to expand a regulation that previously only covered children born in the United States to foreign diplomatic officials. Now, the benefit will be extended to other foreign government workers who perform official duties within the country.
Who will be able to benefit?
According to the new regulation, children born in the United States will be able to access this process when neither of their parents is a US citizen and at least one of them is an employee of a foreign government at the time of birth.
The DHS explained that the term "foreign government employee" will cover several categories, including:
Foreign diplomatic officials accredited to the United States.
Certain employees of foreign embassies and consulates who are nationals of the country they represent.
Persons who work officially for a foreign government.
Employees of international organizations who enjoy international immunity.
With this change, authorities are replacing the term "foreign diplomatic official" with a broader definition that includes other foreign government workers.
Who is excluded from the rule?
The regulation also establishes several exclusions. Among the individuals who will not be considered foreign government employees for the purposes of this rule are:
Personal employees or assistants of foreign officials.
Certain workers of companies owned by foreign governments.
Nationals of third countries who work for foreign governments.
Certain contractors.
Foreign government employees who are in the United States for personal reasons.
The DHS noted that these categories will not be able to use this path to register for permanent residency for minors born on US territory.
Changes to immigration forms
As part of the implementation of the new rule, the federal government will update Form I-485, used to register for permanent residency or adjust immigration status.
References to people born under diplomatic status will be replaced by a broader description related to children of foreign government employees born in the United States.
Likewise, Form G-325R, for biographical information, will be modified to incorporate minors born in the country who do not acquire US citizenship at birth and who choose not to register as permanent residents under the updated rules.
When does it go into effect?
The rule went into effect on September 4, 2026, and will only apply to children born on or after that date.
However, the DHS indicated that its implementation is partially conditioned by a current court order related to the Casa Inc. v. Trump case, which was processed in a Maryland federal court.
While said order remains active, the government stated that it will not apply the rule to members of the group protected by that judicial decision. If it subsequently obtains a favorable resolution, the agency will implement the regulation as established.
Why do some children born in the United States not obtain automatic citizenship?
Historically, children of certain foreign diplomats and other people with immunities recognized by the US government do not automatically acquire citizenship when born in the United States, because their parents are not fully subject to US jurisdiction.
This new regulation seeks to establish an updated mechanism so that some of those minors can register their lawful permanent residency under broader categories of foreign government employees.
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