DHS Expands Permanent Residence for Children of Foreign

The Department of Homeland Security has expanded a pathway for certain children born in the United States to register as lawful permanent residents. An interim final rule issued on September 4, 2026, now allows children of qualifying foreign government employees, not only accredited diplomats, to potentially qualify.

Eligibility is strict. The rule, implementing President Trump's Executive Order 14418, applies only to children born on or after September 4, 2026. Neither parent can be a U.S. Citizen, and at least one must be a qualifying foreign government employee at the time of the child's birth. DHS has stated it will not enforce the rule against members of a certified class covered by an existing court injunction.

The new rule broadens eligible parent categories

The regulation replaces the previous term 'foreign diplomatic officer' with 'foreign government employee.' This broader wording encompasses several official roles beyond accredited diplomats. It includes diplomatic officers, certain embassy or consulate employees who are nationals of the country they represent, and individuals employed by a foreign government in an official capacity. Employees of international organizations with immunity are also included.

However, significant exclusions apply. The following groups are explicitly excluded from the definition of a qualifying foreign government employee:

The parent's specific job, nationality, and official capacity are therefore critical factors in any application.

Updated immigration forms reflect the change

DHS is revising two key immigration forms to incorporate the new terminology. Form I-485, the Application to Register Permanent Residence or Adjust Status, will change the reference from 'Individuals Born in the United States Under Diplomatic Status' to 'Individuals Born to a Foreign Government Employee in the United States.'

Form G-325R, Biographic Information (Registration), is also being updated. This revision addresses children born in the U.S. Who do not acquire citizenship at birth and who choose not to register for permanent residence under the new rule. These children remain subject to separate alien-registration requirements under the Immigration and Nationality Act.

A court injunction limits immediate enforcement

A preliminary injunction issued by U.S. District Judge Deborah L. Boardman in Maryland on September 2, 2026, restricts DHS's ability to implement the rule. The injunction stems from the case Casa Inc. V. Trump and applies to members of a certified class. DHS said it will not take action against these class members unless the government obtains relief from the court order.

Judge Boardman's opinion concluded the underlying 2026 executive order is 'almost certainly unconstitutional as applied to the certified class.' The court's order broadly enjoins officials from enforcing the executive order against any class member. Parents considering a filing are advised to review the amended eligibility, the updated forms, and the court injunction with a qualified immigration attorney.