US Moves to Restrict Birthright Citizenship for Children of Foreign Government Employees: What to Know

A new US rule could deny automatic citizenship to children born in the United States when neither parent is an American citizen and one parent works for a qualifying foreign government or international organisation.

The Department of Homeland Security issued the interim final rule on September 4. It replaces the regulations’ reference to foreign diplomatic officers with the broader term “foreign government employee,” extending the category to additional workers connected to foreign governments and organisations.

The rule covers accredited diplomatic officers, certain embassy and consulate employees who hold the nationality of the country they represent, people employed by foreign governments in official capacities, and employees of international organisations with immunity in the United States. The parent must hold the relevant position when the child is born.

It does not cover personal employees such as chauffeurs and housekeepers. Certain employees of state-owned enterprises, third-country nationals working for foreign governments, and contractors outside the specified categories are also excluded. Foreign government employees visiting the United States for personal reasons do not qualify under the definition.

Children covered by the rule may voluntarily apply for lawful permanent residence using Form I-485. If approved, their permanent resident status will be treated as beginning on the date of birth. DHS is also revising Form G-325R for children who do not acquire citizenship at birth and do not choose to register as permanent residents. Those children may still have to comply with federal alien-registration requirements.

The Fourteenth Amendment generally grants citizenship to people born in the United States who are subject to its jurisdiction. US law has long recognised limited exceptions, including children of foreign diplomatic representatives. The new rule applies prospectively to children born on or after its effective date.