USCIS lets children of foreign government employees register for residence

The U.S. Citizenship and Immigration Services (USCIS), part of the Department of Homeland Security (DHS), has issued an interim final rule allowing children born in the United States to foreign government employees who are not U.S. citizens to register as lawful permanent residents. The rule, published in the Federal Register of Wednesday, September 9, 2026 (Vol. 91, No. 173, Rules and Regulations section), amends 8 CFR Parts 101 and 264 and takes effect for children born on or after September 4, 2026.

The measure implements Executive Order 14418, “Continuing to Protect the Meaning and Value of American Citizenship” (91 FR 51991, August 6, 2026), which directs the Secretary of Homeland Security to prevent the issuance of documents recognizing U.S. citizenship to certain individuals born in the United States where neither parent is a U.S. citizen. The rule is identified as RIN 1615–AD24, DHS Docket No. USCIS–2026–0496, and CIS No. 2882–26.

Who is covered

The interim final rule extends an existing registration process, previously limited to children of foreign diplomatic officers, to a broader category of “foreign government employees.” Under the amended 8 CFR 101.3(b), registration as a lawful permanent resident remains voluntary and is one method of complying with the alien registration requirement of section 262 of the Immigration and Nationality Act (8 U.S.C. 1302).

• Children of foreign diplomats accredited to the United States
• Persons employed by a foreign embassy or consulate who are nationals of that country
• Persons employed by a foreign government in an official capacity
• Persons employed by an international organization who possess international-organization immunity

Applicants must file Form I–485, Application to Register Permanent Residence or Adjust Status, and establish they have not abandoned their residence in the United States. If granted, the applicant is considered a lawful permanent resident as of his or her date of birth. DHS is also revising Form G–325R, Biographic Information (Registration), and making conforming amendments to 8 CFR 101.4 and 264.2.

Legal basis and pending litigation

DHS issued the rule without prior notice and comment, invoking the foreign affairs exception and the “good cause” exception of the Administrative Procedure Act (5 U.S.C. 553). The agency argues that leaving these children without a clear path to lawful status would harm them and their families and could affect the reciprocal treatment of U.S. diplomatic, government, and international organization personnel abroad.

The Department of State’s Office of Foreign Missions reports that the United States hosts more than 124,000 foreign mission members and dependents, though DHS says it cannot quantify how many U.S.-born children will be affected. The rule is subject to a preliminary injunction in Casa Inc. v. Trump (No. 8:25–cv–00201, D. Md., September 2, 2026); DHS will not implement the rule for members of the certified class until the government obtains relief from the injunction.

Comment period

DHS invites public comments on the interim final rule, which must be received on or before October 5, 2026, through the Federal eRulemaking Portal at www.regulations.gov, referencing DHS Docket No. USCIS–2026–0496. Children born to foreign government employees before September 4, 2026 will be treated consistently with the regulations in place at the time of their birth.

The rule affects thousands of families and carries significant diplomatic and immigration policy implications, establishing a formal path to lawful permanent residence for children who would otherwise lack a clear immigration status in the United States.

Source: Federal Register, Vol. 91, No. 173, September 9, 2026, Rules and Regulations, p. 57249 (official reference: RIN 1615–AD24, DHS Docket No. USCIS–2026–0496, FR Doc. 2026–18345).