DHS Eases GC Route for US-Born Children

The Department of Homeland Security (DHS) has widened a process allowing certain US-born children of foreign government employees to register as lawful permanent residents, while acknowledging that a federal court injunction limits implementation of the new rule.

The interim final rule applies when neither parent is a US citizen, and at least one was employed by a foreign government at the time of the child’s birth. It took effect on September 4 and applies only to children born on or after that date.

The change implements President Donald Trump’s Executive Order 14418 and expands an existing regulation covering children born in the United States to accredited foreign diplomatic officers.

Under the amended regulation, the broader term “foreign government employee” replaces “foreign diplomatic officer”.

The new definition covers accredited foreign diplomatic officers and nationals employed by their country’s embassy or consulate. It also covers people working for foreign governments in an official capacity and employees of international organisations possessing international-organisation immunity.

Several groups are excluded. They include personal employees and attendants of foreign officials, such as personal assistants, chauffeurs and housekeepers.

Also excluded are certain employees of state-owned enterprises, third-country nationals working for foreign governments, some contractors and foreign government employees visiting the United States in a personal capacity.

The rule provides that an eligible person may be considered a lawful permanent resident from birth. Registration for permanent residence is voluntary, but those who are not US citizens may remain subject to alien-registration requirements under the Immigration and Nationality Act.

DHS is updating Form I-485 and its instructions to replace references to people born in the United States under diplomatic status with language covering those born to foreign government employees.

It is also changing Form G-325R. That form would cover US-born children who do not acquire citizenship at birth, do not use the amended permanent-residence process and remain subject to federal alien-registration requirements.

DHS said it would not apply the rule to members of the certified class in Casa Inc. v. Trump, or act in any way that conflicts with the preliminary injunction issued by the US District Court in Maryland. The restriction will remain unless the government obtains relief from the court.

The Fourteenth Amendment grants citizenship to people born in the United States and subject to its jurisdiction. The US Supreme Court has historically recognised limited exceptions, including children born to accredited foreign diplomatic representatives.

Federal immigration authorities have allowed such children to register as permanent residents since at least the 1940s. Formal regulations establishing the procedure were issued in 1982 and required applicants to show that they had not abandoned residence in the United States.