The Meaning of Birthright Citizenship, the Fourteenth Amendment, and the General U.S. Rule

Birthright citizenship generally means that citizenship is acquired automatically at the time of birth. The citizenship right of children born in the United States comes from the Citizenship Clause of the Fourteenth Amendment to the U.S. Constitution. Under that provision, persons born in the country and subject to the jurisdiction of the United States are U.S. citizens.

Accordingly, a person born in the United States and subject to U.S. jurisdiction becomes a citizen at birth under U.S. citizenship rules. The child’s mother or father does not need to be a U.S. citizen.

For example, if a Turkish engineer working for a private company in the United States has a child born in the United States, that child acquires U.S. citizenship at birth. The fact that the parent is a foreign national or holds temporary work status does not, by itself, place the child outside this rule. For this reason, children born in the United States have generally been considered citizens even when their parents are foreign nationals.

Children of foreign diplomats are treated differently. Certain officials whose diplomatic status is recognized by the United States, as well as their families, are not considered subject to U.S. jurisdiction because of diplomatic immunity. A diplomat’s child does not acquire U.S. citizenship merely by being born in the United States unless the other parent is a U.S. citizen. However, such children may be eligible to obtain a Green Card. This exception is not new.

However, not everyone who works at an embassy or consulate is a diplomat. This distinction is critically important to understanding the new rule.

How President Trump’s Executive Order Changed the Approach to Birthright Citizenship

Under the previous system, there was a special Green Card registration path for children of diplomatic officers born in the United States. These children did not become U.S. citizens solely because they were born in the country. By contrast, children of foreign government employees who did not fall within the diplomatic exception could benefit from the general birthright citizenship rule.

The new DHS rule defines the term “foreign government employee” more broadly. Under the framework of President Trump’s 2025 executive order, the rule treats children of foreign nationals who fall within this definition as being outside the scope of birthright citizenship. It offers these children only a Green Card option.

Citizenship and a Green Card are not the same thing. Birthright citizenship makes a child who meets the applicable requirements a U.S. citizen from birth. A Green Card allows a person to live permanently in the United States, but it does not grant citizenship. The application path under the new rule does not, by itself, make the child a U.S. citizen. The effort to end birthright citizenship through executive action is inconsistent with current law. Indeed, in 2026, the U.S. Supreme Court found President Trump’s executive order unconstitutional and reaffirmed the Fourteenth Amendment rule.

Which Foreign Government Employees’ Children May Be Affected?

In addition to diplomats, the new rule covers children born in the United States to certain other employees of foreign governments. These employees include individuals working at their countries’ embassies or consulates, as well as individuals sent to the United States on official government assignments.

For example, a Turkish citizen sent by Türkiye to perform security duties at a Turkish consulate in the United States may be evaluated under the rule even if that person does not hold diplomatic status.

By contrast, the situation may be different for a person working at the same consulate on behalf of a private security company. Working in a consular building, by itself, does not mean that the person falls within this category.

For this reason, the determination depends on who employs the person, the reason for the person’s presence in the United States, and the person’s immigration or diplomatic status.

Why Is September 4, 2026 Important for Birthright Citizenship?

The new DHS provisions are expected to apply to children born in the United States on or after September 4, 2026. Children born before that date will be evaluated under the rules that were in effect on the date of their birth.

In addition, if at least one parent is a U.S. citizen, the citizenship exception described in the new rule does not apply. This determination depends on the parent’s citizenship status at the time of the child’s birth.

Why Is a Lawful Permanent Residence and Green Card Path Being Created While Birthright Citizenship Is Being Limited?

This rule is connected to Executive Order 14418, issued by President Trump. The Executive Order instructs federal agencies not to recognize U.S. citizenship for certain children. The DHS rule explains how children who will not be recognized as U.S. citizens under this policy may apply for lawful permanent resident status.

These two actions work in parallel: one seeks to narrow the scope of birthright citizenship, while the other provides a residence path for children who will not be treated as U.S. citizens. Twenty-two states have filed lawsuits challenging this policy, and the federal government defended the policy in court during the Trump administration.

DHS also states that the rule helps children obtain lawful status and prevents issues that may arise in relations with foreign governments based on the principle of reciprocity. Therefore, expanding the Green Card application path does not, by itself, mean that U.S. immigration policy has generally become more flexible.

Which Children Does the Casa Decision Protect?

Disputes concerning President Trump’s executive order reached the Supreme Court through the Casa case. In the meantime, however, a federal court in Maryland temporarily blocked implementation of the new Executive Order for a defined group of children on September 2, 2026.

The protected group includes children who were born, or are expected to be born, in the United States on or after February 20, 2025, when their parents met the following conditions at the time of birth:

• The mother is present in the United States with lawful but temporary status, or without lawful status.
• The father is neither a U.S. citizen nor a Green Card holder.

A child’s exclusion from this group does not necessarily mean that the child cannot benefit from U.S. citizenship. The decision also does not eliminate the historical exception for children of diplomats.

The group definition on page 7 of the Casa decision shows that the diplomatic exception remains in effect. Children covered by that exception do not acquire citizenship solely because they were born in the United States. However, they may be eligible to apply for a Green Card.

The court did not order DHS to grant Green Cards. Instead, it prohibited the government from denying citizenship to children in the protected group based on the new Executive Order.

In its published rule, DHS states that it will not apply this rule to children protected by the court order. Publication of a rule does not give the government authority to take actions that a court has temporarily blocked. This result is consistent with the Supreme Court’s decision, which reaffirmed that, while implementation of the order remains blocked, citizenship under the Fourteenth Amendment cannot be denied to children in the protected group.

Why Is a Security Officer’s Child Treated Differently From a Diplomat’s Child?

Consider a security officer who works for a foreign government at a consulate but does not fall within the diplomatic exception. Assume that the officer’s spouse is also not a U.S. citizen.

If the child was born on September 1, 2026, the new DHS rule does not apply because of the child’s date of birth. Under the prior rules, the child acquires U.S. citizenship at birth.

If the child was born on September 15, 2026, the birth falls within the period covered by the new rule. The administration’s rule provides a Green Card application path, rather than citizenship, for a child who meets its conditions.

However, if the mother is present in the United States with temporary status and the father is not a Green Card holder, the child in this example also falls within the protected group in the Casa decision. As long as the court’s protection remains in effect, the child’s citizenship cannot be denied based on the new policy.

The starting point is different for a diplomat’s child who falls within the diplomatic exception. If the other parent is also not a U.S. citizen, the child does not acquire birthright citizenship solely because the child was born in the United States. Instead, the child may be eligible to apply through the Green Card registration path.

What Should Families Determine Before Filing an Application?

The first step is to determine the child’s legal status. Citizenship status may depend on the place of birth, jurisdiction, and, in some legal systems, the immigration status of the parents. For this reason, the child’s date and place of birth should be reviewed together with the parents’ citizenship, immigration status, official duties, and diplomatic status at the time of birth.

If the child acquired citizenship at birth, the next step is to document that citizenship. If the child may qualify through the Green Card registration path, the family should review the applicable filing requirements. Form I-485 is used in this registration process; however, filing an application does not guarantee approval. The fact that more than four million U.S.-born children have parents with unauthorized immigration status demonstrates why disputes over citizenship rules can have broad practical consequences.

Akalan Law can review your family’s circumstances and help you evaluate your child’s citizenship and lawful permanent residence options.

This article is provided for general informational purposes only. Before filing an application, families should review the scope of court decisions and any subsequent developments.