- DHS expanded eligibility for U.S.-born children of certain foreign government employees to register for permanent residence.
- The rule took effect on September fourth, twenty twenty-six, and applies only to children born on or after that date.
- A Maryland injunction in Casa Inc. v. Trump limits immediate enforcement against certified class members.
The Department of Homeland Security issued an interim final rule Sept. 4 allowing 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 changes an existing pathway that previously referred to children born to foreign diplomatic officers.
The change took effect Sept. 4, 2026. It applies only to children born on or after that date. The department said the rule implements President Trump’s Executive Order 14418 by expanding the category of parents whose U.S.-born children may qualify.
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Eligibility still depends on the parents’ status. Neither parent may be a U.S. citizen, and at least one parent must be a qualifying foreign government employee when the child is born.
A court order limits the rule’s immediate reach. DHS said it will not take action against members of the certified class covered by the injunction in Casa Inc. v. Trump, No. 8:25-cv-00201 (D. Md Sep. 2, 2026), unless the government obtains relief.
The regulation replaces “foreign diplomatic officer” with “foreign government employee.” That wording reaches beyond accredited diplomats, but it does not cover every person connected to a foreign government.
The expanded category includes diplomatic officers accredited to the United States and certain embassy or consulate employees who are nationals of the foreign country they represent. It also covers people employed by a foreign government in an official capacity.
Employees of an international organization with international-organization immunity can fall within the category as well. The rule’s language therefore reaches several official roles that the prior diplomatic-officer terminology did not expressly identify.
The rule broadens the category but draws several boundaries
DHS excluded several groups from the definition. Personal employees or attendants of foreign officials do not qualify under the amended category.
The exclusions also cover certain employees of state-owned enterprises, third-country nationals working for foreign governments, and certain contractors. A foreign government employee visiting the United States in a personal capacity is excluded too.
Those boundaries make the parent’s exact job, nationality, official capacity, and reason for being in the United States relevant to any filing. The rule does not create a general registration route for every child of a foreign national connected to a government institution.
Two immigration forms will carry the new terminology
DHS is revising Form I-485, Application to Register Permanent Residence or Adjust Status, along with its instructions. The form will replace the reference “Individuals Born in the United States Under Diplomatic Status” with “Individuals Born to a Foreign Government Employee in the United States.”
The department is also revising Form G-325R, Biographic Information (Registration). That update addresses children born in the United States who do not acquire U.S. citizenship at birth and who choose not to register their permanent residence under the amended regulations.
Those children remain subject to the alien-registration requirements in the INA. The form update is intended to account for that separate registration obligation.
| DHS item | Change described in the rule |
|---|---|
Form I-485 | Updates the application and instructions for the broader parent category |
| Former wording | “Individuals Born in the United States Under Diplomatic Status” |
| New wording | “Individuals Born to a Foreign Government Employee in the United States” |
Form G-325R | Accounts for certain children who do not acquire U.S. citizenship at birth and do not register permanent residence |
The forms reflect the regulation’s terminology, but the court injunction affects how DHS may apply the rule to covered class members.
A Maryland injunction limits the department’s implementation
U.S. District Judge Deborah L. Boardman issued the preliminary injunction in the District of Maryland on September 2, 2026. The order concerns the 2026 executive order underlying the new regulatory change.
DHS said it will not implement the rule specifically against any member of the certified class. It also said it will avoid actions that conflict with the preliminary injunction.
The restriction remains in place unless and until the government obtains relief from the injunction. That relief could alter how the department applies the rule to the affected class.
The court described the order in broad terms:
“The Court preliminarily enjoins the defendants and their officers, agents, servants, employees, and attorneys, and any other persons who are in active concert or participation with them from enforcing or applying the 2026 Executive Order against any member of the certified class.”
Judge Boardman’s opinion concluded that the 2026 executive order is “almost certainly unconstitutional as applied to the certified class.” The injunction therefore creates a court-ordered limit alongside the rule’s Sept. 4 effective date.
If the government obtains timely relief, DHS said it will implement the rule accordingly. Parents assessing a possible filing should review the amended eligibility language, the applicable forms, and the court order with a qualified immigration attorney.
This article provides general information and is not legal advice. Consult a qualified immigration attorney about your specific case.
