REGULATION: Registration of Lawful Permanent Residence for Children Born to Foreign Government Employees in the United States
Department of Homeland Security
Notice Date: Sept. 9, 2026
Effective Date: Sept. 9, 2026
DHS is amending its regulations to permit children born in the United States to “foreign government employees” who are not U.S. citizens to register for permanent residence.
B. Definition of Foreign Government Employee
DHS is defining the term “foreign government employee” in a manner consistent
with E.O. 14418. This definition applies only to foreign government employees who are
not U.S. citizens. The definition of “foreign government employee” as set out in Section
2(b) of the E.O. includes the following:
• Ambassadors;
• Persons employed by a foreign embassy or consulate who are nationals of
that foreign country;
• Persons employed by a foreign government in an official capacity; and
• Persons employed by an international organization that possesses
international-organization immunity. See 91 FR 51991.
DHS notes that before this IFR, only children of foreign government employees
who were also foreign diplomatic officers and not U.S. citizens were excluded from
birthright citizenship, and there was no definition of “foreign government employee” for
the purpose of determining birthright citizenship in the United States in 8 CFR.