A new Department of Homeland Security rule broadens the categories of foreign government employees whose U.S.-born children the agency would treat as ineligible for birthright citizenship when neither parent is a U.S. citizen. But the rule itself acknowledges a court injunction that limits implementation.
The interim final rule was filed for public inspection on September 4, 2026, and is scheduled for Federal Register publication on September 9. Its official text also expands a procedure through which affected children may apply to register as lawful permanent residents.
The court limitation matters
DHS states that, because of the preliminary injunction in Casa Inc. v. Trump, it will not implement the rule against members of the certified class or otherwise act in conflict with that injunction unless the government obtains relief. The agency identifies the injunction as a September 2, 2026, order from the U.S. District Court for the District of Maryland.
That qualification is central to understanding the announcement. The rule sets out the administration’s position and intended procedures, but its own terms do not support describing implementation as unrestricted. The citizenship interpretation below is DHS’s position, not a conclusion that the agency’s broader interpretation has been approved by the court.
Who the expanded definition covers
The earlier regulations addressed children born in the United States to foreign diplomatic officers who did not acquire U.S. citizenship. The new text replaces that narrower category with a definition of foreign government employees.
The definition includes foreign diplomatic officers; embassy or consulate employees who are nationals of the country employing them; people employed by a foreign government in an official capacity; and employees of international organizations possessing the specified immunity. DHS’s position is that a U.S.-born child of a covered employee does not acquire citizenship at birth under this rule unless at least one parent is a U.S. citizen.
The definition also contains exceptions. Subject to a separate exception for people who independently qualify as foreign diplomatic officers, it excludes personal employees hired by individual officials, third-country nationals working for a foreign government, and foreign government employees visiting the United States in a personal rather than official capacity. Certain state-owned enterprise workers and contractors are excluded when they hold immigration status other than A or G status.
Timing and the permanent-residence process
The rule says it applies prospectively. Children born before its effective date are to be treated under the regulations in place when they were born.
The public-inspection version ties effectiveness and the covered birth dates to the date of public inspection, while still displaying insertion placeholders in its dates section. Its scheduled September 9 publication date should not be confused with that stated effective-date formula, or with permission to disregard the injunction.
For children covered by the rule who are not U.S. citizens, registration as a lawful permanent resident is voluntary. The procedure uses Form I-485. The applicant must be physically present in the United States and establish that U.S. residence has not been abandoned. If approved, the permanent-residence record is dated to the person’s birth.
DHS also describes corresponding revisions to Form I-485 and Form G-325R. Those administrative changes do not remove the rule’s express court limitation.
What happens next
DHS is requesting public comments under docket USCIS-2026-0496, with the rule specifying a period ending 30 days after public inspection. For understanding what the agency can implement, the key passage remains its injunction acknowledgment: action affecting the certified class, or otherwise conflicting with the preliminary injunction, depends on the government obtaining relief.
