No Borders NewsDHS has issued an interim final rule updating its regulations for certain children born in the United States to foreign government employees who are not U.S. citizens. The change builds on existing rules that covered children born to foreign diplomatic officers.
Under the new rule, eligible children may be able to register as lawful permanent residents if neither parent is a U.S. citizen and at least one parent is a foreign government employee at the time of the child’s birth. DHS also updates the terminology by replacing “foreign diplomatic officer” with the broader phrase “foreign government employee.”
DHS explains that “foreign government employee” can include foreign diplomatic officers accredited to the United States, certain embassy or consulate employees who are nationals of that foreign country, people employed by a foreign government in an official capacity, and people employed by an international organization that has international-organization immunity.
The rule also clarifies who is not included, such as personal employees or attendants of foreign officials, certain employees of state-owned enterprises, third-country nationals working for foreign governments, certain contractors, and foreign government employees visiting the U.S. in a personal capacity.
DHS is updating immigration forms to match the regulatory change, including Form I-485 and Form G-325R. DHS also notes that an injunction in Casa Inc. v. Trump is currently in place, and DHS will not implement the rule for members of the certified class or in ways that conflict with the injunction unless the government gets relief.