According to Newsweek, the interim final rule would apply to children born in the United States to certain foreign government employees when neither parent is a U.S. citizen. The policy represents another step in the Trump administration’s broader effort to narrow its interpretation of birthright citizenship under the Fourteenth Amendment, while existing court orders continue to limit implementation.
New Rule Would Extend the Existing Citizenship Exception
Current regulations already treat children born in the United States to accredited foreign diplomats differently because such diplomats have traditionally been considered outside the full jurisdiction of the United States. Those children do not automatically acquire citizenship at birth, although an existing immigration process can allow them to obtain permanent resident status.
The new DHS rule would broaden that framework considerably. According to the department’s filing, the category would now include foreign diplomatic officers, nationals employed by embassies or consulates, people working for foreign governments in an official capacity, and employees of international organizations who possess immunity.
Under the proposed regulation, a person born in the United States to a foreign government employee would be considered outside U.S. jurisdiction for birthright citizenship purposes unless at least one parent is an American citizen.
Those affected could apply for lawful permanent resident status through an existing immigration procedure. If approved, their permanent residence would be recognized from the date of birth.
David Bier, director of immigration studies at the Cato Institute, disputed the legal basis for the rule. He told Newsweek that DHS lacks authority to declare additional groups outside U.S. jurisdiction and argued that foreign government employees other than ambassadors and some staff members remain subject to U.S. law.
Former DHS official Adam Klein also said the central issue was not the green-card process but the broader determination that more U.S.-born children had not acquired citizenship. He said the question of whether the administration can make that change through agency rulemaking would ultimately be decided by the courts.
Trump Administration Expands Its Birthright Citizenship Policy
DHS says the rule follows Executive Order 14418, signed by President Donald Trump on August 6 and titled “Continuing to Protect the Meaning and Value of American Citizenship.” According to Newsweek, the order directed the department to prevent citizenship documents from being issued to certain U.S.-born people whose parents fall within specified categories.
The department bases its position on the Fourteenth Amendment‘s Citizenship Clause, which grants citizenship to people born in the United States and “subject to the jurisdiction thereof.” DHS argues that children of foreign government employees can fall outside that definition when neither parent is a U.S. citizen.
Legal limits remain in place. The proposal acknowledges an injunction in Casa Inc. v. Trump and states that DHS will not enforce the rule in a way that conflicts with the court order unless the government obtains relief from that injunction.
The regulation is scheduled for publication in the Federal Register on September 9 and would take effect immediately as an interim final rule while public comments are accepted. It would apply only to children born on or after the effective date and would not change the status of those born earlier.
