A new Department of Homeland Security interim rule aims to block citizenship for children born in the U.S. whose parents are foreign government employees.
The 32-page rule is set to be published on Sept. 9.
The rule follows Trump signing two executive orders on Aug. 6. Those orders delegated presidential authority to the Sec. of State and Sec. of Homeland Security and directed them to stop birth tourism.
The 14th Amendment grants citizenship to almost everyone born in the U.S.
The rule says: “the purpose of this rulemaking is to clarify that certain aliens who are born in the United States but are not United States citizens may register their permanent resident status.”
The rule would define “foreign government employee” as foreign diplomatic officers accredited to the U.S., persons employed by a foreign embassy or consulate who are nationals of that foreign country, persons employed by a foreign government in an official capacity, and persons employed by an international organization that possesses international organization immunity.
“DHS notes that before this IFR, only children of foreign government employees who were also foreign diplomatic officers and not U.S. citizens were excluded from birthright citizenship, and there was no definition of “foreign government employee” for the purpose of determining birthright citizenship in the United States in 8 CFR," the rule says.
🚨 BREAKING: DHS just dropped an interim final rule which declares that children born on American soil to foreign government noncitizen employees are NOT BIRTHRIGHT CITIZENS, PERIOD
— Eric Daugherty (@EricLDaugh) September 4, 2026
👏🏻👏🏻👏🏻
LONG overdue! This is enforcing a Trump executive order to crack down on the foreign… pic.twitter.com/aQ9Mfvl7Js
🚨 BREAKING: DHS has issued an interim final rule clarifying that children born in the U.S. to foreign government employees (where neither parent is a U.S. citizen) do not acquire birthright citizenship. Eligible aliens can voluntarily register for lawful permanent residence.…
— Immigration Accountability Project Action (@iaproject) September 4, 2026
A new DHS rule aims to block recognition of citizenship for children born in the US to employees of foreign workers. pic.twitter.com/1EwmobPMNj
— Andrew Kreighbaum (@kreighbaum) September 4, 2026
The rule, which expands an exception to birthright citizenship for foreign diplomats, carries out an executive order signed by President Trump after the Supreme Court struck down an earlier directive.
— Andrew Kreighbaum (@kreighbaum) September 4, 2026
It takes effect next week. https://t.co/6J0PQ9IJ3J
Editor’s Note: Do you enjoy Townhall’s conservative reporting that takes on the radical Left and woke media? Support our work so that we can continue to bring you the truth.
Join Townhall VIP and use promo code FIGHT to receive 60% off your membership.
Join the Conversation
VIP members get the ability to comment on articles.