WASHINGTON—The US Department of Homeland Security issued a provisional final rule modifying the immigration treatment of certain children born in the United States to employees of foreign governments who are not US citizens.
The new provision is based on the premise that, under
certain circumstances, these children do not automatically acquire US
citizenship simply by being born in the United States.
As part of the new procedure, the regulation includes
mechanisms for children in these circumstances to register as legal permanent
residents in the country.
The measure will apply to children born on or after the date
the new regulation takes effect. Cases involving births prior to this date will
continue to be subject to the rules in effect at the time of birth.
This provision is part of the measures promoted by the Trump
administration regarding the interpretation and application of rules related to
birthright citizenship, one of the immigration issues that has generated the
most political and legal debate among US politicians.
The new regulation could have implications for families of
foreign government officials and employees stationed in the United States,
particularly regarding the immigration status of their children born during
their stay in the country.