Cases on the foreign-diplomat exception itself are vanishingly rare, but Thomas’s distinction appears to have been official practice before now, as well. The U.S. government recently denied birthright citizenship to a 75-year-old man who was born in New York while his father was a Nicaraguan diplomatic official. (I’m also curious how someone could be “employed by a foreign government” in anything but an “official capacity.”) It could even apply to the children of representatives of the Holy See, though they tend to not have them. This appears at first glance to be targeted at birth tourists, but its reach may turn out to be more complicated than that.