Department of Homeland Security issues interim rule on birthright citizenship for foreign government employees/Image: Representative Image
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.
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. 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. 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.
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. 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. Foreign government employees visiting the US for personal reasons are also outside the definition.
Federal regulations previously referred specifically to children born to foreign diplomatic officers.