Children born in the US to certain foreign government employees could be denied automatic citizenship under a new rule issued by the Department of Homeland Security, widening an exception that has traditionally covered children of foreign diplomats.
uncertain
that → bear → diplomats
The interim final rule, issued on September 4, applies when neither parent is a US citizen and at least one parent is a qualifying foreign government employee at the time of the child’s birth.
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parent → issue → birth
What has changed under the new rule?
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What → change → rule
Federal regulations previously referred specifically to children born to foreign diplomatic officers.
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regulations → refer → officers
DHS has replaced that wording with the broader term “foreign government employee”, extending the category to additional workers connected to foreign governments and international organisations.
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DHS → replace → governments
The change does not automatically affect every child of a foreign national working in the US.
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change → affect → US
It applies only when the parent meets the rule’s definition and neither parent is a US citizen.
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parent → apply → definition
Who could be covered?
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Who → cover → ?
The definition includes accredited foreign diplomatic officers, certain embassy and consulate employees who are nationals of the country they represent, people employed by a foreign government in an official capacity and employees of international organisations that have immunity in the US.
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that → include → US
The parent must hold the relevant position when the child is born for the exception to apply.
Who is excluded?
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Who → hold → position
The rule does not cover personal employees of foreign officials, including workers such as chauffeurs and housekeepers.
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rule → cover → chauffeurs
It also excludes certain employees of state-owned enterprises, third-country nationals working for foreign governments and contractors who do not fall within the specified categories.
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who → exclude → categories
Foreign government employees visiting the US for personal reasons are also outside the definition.
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employees → visit → definition
What status can affected children seek?
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children → affect → status
Children covered by the rule can voluntarily apply for lawful permanent residence through Form I-485.
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Children → cover → Form
If the application is approved, their permanent resident status will be treated as beginning on the date of birth.
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status → approve → birth
DHS is also revising Form G-325R for children who do not acquire US citizenship at birth and do not choose to register as permanent residents.
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who → revise → residents
Those children may still be required to comply with federal alien-registration requirements.
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children → require → requirements
How does the rule relate to birthright citizenship?
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rule → relate → citizenship
The Fourteenth Amendment generally grants citizenship to people born in the US who are subject to its jurisdiction.
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who → grant → jurisdiction
US law has long recognised limited exceptions, including children of foreign diplomatic representatives.
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law → recognise → representatives
DHS says the new rule expands the regulatory framework for that exception by replacing the narrower diplomatic-officer category with the broader foreign-government-employee classification.
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rule → say → classification
Is the rule being enforced?
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rule → enforce → ?
The rule applies prospectively to children born on or after its effective date.
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rule → apply → date
Children born before that date are not subject to the new requirements.
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Children → bear → requirements
Its implementation is also limited by ongoing litigation.
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implementation → limit → litigation
In Casa Inc. v. Trump, a federal judge in Maryland issued a preliminary injunction on September 2 blocking enforcement of the administration’s birthright citizenship restrictions against members of the certified class covered by the case.
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judge → issue → case
DHS said it will not apply the rule to those individuals, or take action that conflicts with the injunction, unless the government obtains relief from the court.
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government → say → court
The Aporia
