DHS Expands Green Card Registration to Children of Foreign Government Employees, But a Court Order Narrows It

On September 4, 2026, the Department of Homeland Security (DHS) issued an interim final rule that expands the ability of children of foreign government workers to apply for a Green Card.

Before this rule, only children of foreign diplomatic officers could apply for permanent residence if they were born in the U.S. The interim final rule expands this to the broader term “foreign government employee.”

Encompassed in this new definition are:

• Accredited diplomats
• Embassy and consulate staff who are citizens of the country they work for
• Other people acting in an official capacity for a foreign government
• Employees of international organizations with legal immunity.

DHS also clarifies that it won’t apply the interim final rule to anyone covered by the preliminary injunction in Casa v. Trump, which blocked the Trump administration’s efforts to limit birthright citizenship. While litigation continues, the policy will only apply to children of foreign diplomats, the one group the certified-class injunction doesn’t reach.

The interim final rule takes effect on September 4, 2026, and its contents can be found in the Federal Register. It applies to any children born on or after its effective date.

What does this mean for affected families?

Manifest immigration attorney Ana Gabriela Urizar says the rule sounds broader than it will be in practice because of the ongoing litigation. “DHS can’t apply it to anyone covered by the Casa injunction, so families connected to that case should talk to an attorney about where they actually stand before assuming this registration option is open to them,” she says.

FAQs about the interim final rule on foreign government workers' kids

Is this rule final, or still open for comment?

It’s already in effect. DHS issued it as an interim final rule, skipping the usual advance comment period. However, the agency will still take comments for the first 30 days.

Why is DHS holding back on part of the rule?

DHS is complying with an existing court order. A federal judge in Casa v. Trump certified a nationwide class covering children born after February 19, 2025, whose mother was unlawfully present or in the country under legal nonimmigrant status, and whose father wasn’t a U.S. citizen or Green Card holder.

That injunction bars DHS, the State Department, and the Social Security Administration from denying citizenship to any child who fits that description, so DHS built the same limit into this rule to avoid violating the court order.