The Trump administration’s recent announcement that U.S.-born children of foreign government employees will not receive birthright citizenship has sparked immediate backlash among immigration experts.

Signed by Homeland Security Secretary Markwayne Mullin, the interim final rule was filed late Friday with the Federal Register, becoming effective immediately for children born on or after that date.

The rule asserts that children born in the U.S. to foreign government workers are not subject to U.S. jurisdiction for the purpose of birthright citizenship unless at least one parent is a U.S. citizen.

Critics were quick to label the move as an overreach. David J. Bier, a prominent immigration studies director at the Cato Institute, dismissed the rule as “not a thing,” questioning the administration’s logic on jurisdiction.

Bier argued on social media that one cannot selectively apply U.S. jurisdiction and still hold individuals accountable for other laws. “You don’t get to say ‘subject to all US laws, except for birthright citizenship,'” he stated.

The Supreme Court has historically acknowledged a narrow exception for the children of diplomats, who are protected under diplomatic immunity. This latest ruling, however, expands the definition of who qualifies as a foreign government employee.

Under the new rule, “foreign government employees” now encompasses anyone working for a foreign embassy or consulate, along with employees of foreign governments and international organizations entitled to immunity.

Housekeepers and drivers hired personally by foreign officials will not be covered under this rule, nor will contractors or workers from third countries. The rule primarily affects accredited foreign diplomats, who previously held exclusive exemptions.

While the rule allows for children of foreign government employees to register for permanent residency, the application filing fee could burden families, surpassing $1,400 per application.

The Department of Homeland Security (DHS) has not tracked the number of affected children, which leaves uncertainty around the rule’s impact. The State Department estimates over 124,000 foreign mission members and their families currently in the U.S.

In a notable deviation from standard procedure, DHS enacted this rule without a public comment period, citing its connection to foreign affairs. However, the agency will accept comments for 30 days following publication.

In June, the Supreme Court ruled that the Fourteenth Amendment guarantees citizenship for children born in the U.S., including those of undocumented or temporary residents. This ruling invalidated a prior executive order from Trump, issued in January 2025.

In response to the Court’s decision, Trump signed a second executive order in August, identifying categories of children he believes are exempt from guaranteed citizenship, including the children of foreign government employees.

U.S. District Judge Deborah Boardman has since blocked the enforcement of Trump’s order against a certified class in a related lawsuit, suggesting the plaintiffs are likely to succeed in their constitutional challenge.

Bier expressed frustration over the developments, suggesting that officials involved in the enforcement should face serious consequences for defiance of the Supreme Court’s ruling.

As the political landscape continues to evolve, this rule could become a contentious topic in ongoing debates surrounding immigration policy and rights.

The implications of this rule may extend beyond the immediate context, influencing future legal challenges and the broader conversation about citizenship in the United States.