US Moves To Restrict Birthright Citizenship for Some Children Born to Foreigners

• The Department of Homeland Security published an interim final rule targeting children born in the US to foreign government employees
• The rule broadens existing exemptions beyond diplomats to cover a wider category of foreign government workers and international organisation staff
• The move comes after the US Supreme Court ruled in June that any child born on US soil is constitutionally entitled to citizenship

The United States Department of Homeland Security (DHS) has issued an interim final rule that would deny automatic birthright citizenship to children born on American soil to foreign government employees, offering lawful permanent residency as an alternative pathway instead.

The rule, effective 4 September 2026, amends existing regulations that previously limited such exemptions to children born to foreign diplomatic officers.

Under the expanded definition, the term "foreign diplomatic officer" is replaced with the broader category of "foreign government employee," which now encompasses embassy and consulate staff who are nationals of their respective countries, persons employed by foreign governments in an official capacity, and staff of international organisations holding international-organisation immunity.

Read also

Denmark publishes 4 benefits foreigners with business residence permits cannot receive

DHS broadens exemption categories

The interim final rule specifies that neither parent may hold US citizenship for the exemption to apply, and that at least one parent must be a foreign government employee at the time of the child's birth. Children who fall under the new rule and choose not to register for permanent residency will be subject to alien registration requirements under US immigration law.

DHS is also updating two immigration forms to reflect the regulatory changes. Form I-485, used to apply for permanent residency or adjustment of status, and Form G-325R, which collects biographic information, will both be revised to replace references to diplomatic status with language covering the broader category of foreign government employees.

Notably, the rule carves out several groups that will not fall under the new exemption, including personal employees or attendants of foreign officials, third-country nationals working for foreign governments, certain contractors, and foreign government employees visiting the United States in a personal capacity.

Read also

UAE publishes 6 things employers are prohibited from doing to domestic workers

Rule faces legal challenge

The new rule marks the latest step in the Trump administration's sustained effort to curtail birthright citizenship protections enshrined in the 14th Amendment to the US Constitution. Those efforts have faced significant legal resistance.

In June 2026, the US Supreme Court ruled that any child born on American soil is entitled to citizenship under the constitutional amendment.

A preliminary injunction in the case of Casa Inc. v. Trump, filed in the District of Maryland, remains in place. DHS acknowledged the injunction in the rule's text, stating it would not implement the rule against any member of the certified class unless and until a court provides relief from the existing order.

The administration has pursued several executive and regulatory mechanisms to limit birthright citizenship since President Donald Trump signed Executive Order 14418, which directed federal agencies to align their policies accordingly.

US warns foreigners against citizenship lies

Read also

Canada names document foreign military personnel need to work without a permit

Earlier, YEN.com.gh reported that the US had warned naturalised US citizens who obtained their status through fraudulent means.

It said federal authorities are actively working to identify and strip citizenship from those who lied during the naturalisation process.

Source: YEN.com.gh