VERIFIED NEWS · INTERIM FINAL RULE

DHS expands permanent-residence registration rule for certain U.S.-born children

The rule broadens an existing permanent-residence registration framework. Its practical implementation is limited by a federal injunction, and the public-inspection document is scheduled for formal Federal Register publication September 9.

Secretary of State Antony Blinken speaking to members of the diplomatic corps at the State Department

State Department photograph by Freddie Everett, published December 8, 2022; public domain. It shows a diplomatic-corps reception in Washington. This official government image is illustrative and does not depict affected parents, children, a USCIS decision, the federal lawsuit, or implementation of the 2026 rule. Original State Department photograph ↗

By U.S. Immigration Brief Editorial DeskPublished September 5, 2026Last verified September 5, 2026

What the rule changes

DHS amended regulations that previously addressed children born in the United States to foreign diplomatic officers. The new text uses a broader category—“foreign government employee”—and permits certain children covered by that category who are not U.S. citizens to register voluntarily as lawful permanent residents. DHS also revised references connected to Forms I-485 and G-325R.

Who the new definition covers

The rule lists accredited foreign diplomatic officers; nationals of a foreign country employed by that country’s embassy or consulate; people employed by a foreign government in an official capacity; and employees of qualifying international organizations with immunity. It also lists exclusions, including certain personal employees, third-country nationals working for a foreign government, and foreign-government employees visiting in a personal capacity.

The change is prospective

The public-inspection text says the rule applies to children born on or after its effective date. Children born before that date are treated under the regulations in place at the time of birth. The rule states that permanent-residence registration under this provision is voluntary; it separately discusses federal alien-registration requirements.

A court injunction limits implementation

DHS says a September 2 preliminary injunction in Casa Inc. v. Trump prevents the department from implementing the rule against members of the certified class or otherwise conflicting with the order unless the government obtains relief. That is litigation affecting implementation—not a repeal of the rule, a final merits judgment, or a new regulation.

The affected population is not quantified

DHS cites more than 124,000 foreign-mission members and dependents hosted in the United States, but expressly says that figure cannot estimate the rule’s affected population. Available data do not identify several necessary factors, and USCIS has not historically tracked the new group separately. The figure therefore is not a count of affected children.

Primary federal sources

Corrections: No corrections have been made. The article will distinguish the scheduled published version and any later court order or agency action when verified.