Trump Administration Moves to Deny Birthright Citizenship to Some U.S.-Born Children
(DHS photo by Andrew Jackson)
The Trump administration on Friday issued an interim final rule that would deny birthright citizenship to certain children born in the United States to parents who are noncitizen foreign government employees, expanding its effort to narrow the scope of citizenship guaranteed by the 14th Amendment.
The Department of Homeland Security said the rule amends existing regulations 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. The rule applies when neither parent is a U.S. citizen and at least one parent is a qualifying foreign government employee at the time of the child’s birth.
The interim final rule is effective Sept. 4 and applies to children born in the United States on or after that date.
The administration’s position is based on its interpretation of the 14th Amendment, which grants citizenship to people born in the United States who are “subject to the jurisdiction thereof.” DHS argues that certain children of foreign government employees are outside that jurisdiction when neither parent is a U.S. citizen.
The policy is part of President Donald Trump’s broader effort to restrict birthright citizenship. The rule is consistent with an executive order cited by DHS and seeks to establish an immigration-status process for children the administration considers ineligible for citizenship at birth.
Rule Expands Targeted Group
Existing regulations allow children born in the United States to foreign diplomatic officers who do not acquire citizenship at birth to register as lawful permanent residents. The new rule replaces the term “foreign diplomatic officer” with the broader term “foreign government employee,” expanding the group of children potentially eligible to use the registration process.
Under the rule, a qualifying foreign government employee includes a foreign diplomatic officer accredited to the United States, certain employees of a foreign embassy or consulate who are nationals of that foreign country, a person employed by a foreign government in an official capacity, or an employee of an international organization that has international-organization immunity in the United States.
The rule also specifies categories that are not covered. Those include 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 who are in the United States in a personal capacity.
DHS said the rule does not apply simply because a parent works for a foreign government. The parent must fall within the rule’s definition of a qualifying foreign government employee at the time of the child’s birth, and neither parent can be a U.S. citizen.
Children covered by the rule would not automatically receive lawful permanent resident status. They could voluntarily apply to register as lawful permanent residents by filing Form I-485, Application to Register Permanent Residence or Adjust Status. If approved, their permanent resident status would be recorded as beginning on their date of birth.
DHS is also updating Form I-485 and its instructions to replace references to “Individuals Born in the United States Under Diplomatic Status” with “Individuals Born to a Foreign Government Employee in the United States” and to make other changes reflecting the new rule.
Children who do not acquire U.S. citizenship at birth and do not choose to register for permanent residence may be subject to federal alien-registration requirements. DHS is updating Form G-325R, Biographic Information (Registration), to account for those children. Parents or legal guardians generally would be responsible for registering children younger than 14.
Implementation Blocked for Some
The rule faces an immediate legal obstacle. DHS said it will not enforce the policy against members of the certified class covered by a preliminary injunction issued in Casa Inc. v. Trump, No. 8:25-cv-00201, in federal court in Maryland.
DHS said it will not take actions to implement the rule that specifically affect members of the certified class or otherwise conflict with the preliminary injunction unless the government obtains relief from the court. If the government obtains timely relief, DHS said it will implement the rule accordingly.
The injunction means the rule’s practical application will depend in part on the outcome of the ongoing litigation.
DHS issued the rule without the usual advance notice-and-comment process. The agency cited the foreign-affairs exception to the Administrative Procedure Act and said immediate action was necessary to establish an immigration-status process for children it considers ineligible for citizenship at birth.
DHS is accepting public comments through the federal Regulations.gov portal under DHS Docket No. USCIS-2026-0496. The rule is scheduled for publication in the Federal Register on Sept. 9.
The agency said it could not estimate how many children would be affected because federal agencies have not historically tracked the population as a separate category.