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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsTED CRUZ MUST SHOW NATURALIZATION PAPERS TO KEEP HIS U.S. SENATE SEAT
http://www.examiner.com/article/ted-cruz-must-show-naturalization-papers-to-keep-his-us-senate-seatDetails have been emerging which highly suggest that both Ted Cruz's parents had become Canadian citizens prior to his birth. According to past public statements made by his father, legal opinions and documentation currently available, Rafael (Ted) Cruz was likely born of 2 Canadian citizens in Calgary back in December of 1970.
Under public pressure regarding a possible run for President of the United States, Cruz did release his Canadian certificate of birth. Since the certificate only lists his parents place of birth and not their citizenship status, it has just merely been assumed that his mother retained her US citizenship since her birth. It was not until May of 2014 that Senator Cruz filed the legal paperwork necessary to officially renounce his Canadian citizenship which was automatic at birth.
According to a documented timeline of the Cruz' Family citizenship status and various other legal experts in Canada, Senator Ted Cruz was born a citizen of Canada at birth and there is no denying that legal fact. This timeline provides a summary of known citizenship status of his father, mother and himself presented in chronological order of events.
A recent FOIA request to obtain a copy of his US naturalization papers, if they exist, was denied stating that the information would have to be requested by Rafael (Ted) Cruz himself. With the now highly likely true circumstances of his birth, this US Senator from Texas should be required to show proof that he ever became a citizen of the United States in order to be allowed to retain his seat in congress. Without this documentation of naturalization, which would be further proof to automatically disqualify him from running for President, he can in no way continue to hold a seat in the US Senate as one must at least have become a US citizen through naturalization to be eligible to hold the office.
FBaggins
(26,760 posts)And in all caps?
BigBearJohn
(11,410 posts)FBaggins
(26,760 posts)"Not as annoying as Ted Cruz"
Lochloosa
(16,068 posts)spinbaby
(15,090 posts)...make me wish DU had a "like" button.
drm604
(16,230 posts)FBaggins
(26,760 posts)Juror #2 voted to LEAVE IT ALONE
Explanation: I agree with the alerter that this is a misogynistic personal attack... but Ted Cruz is more annoying than that.
drm604
(16,230 posts)The biggest problem I see is that Ted Cruz would be so high on the scale that nearly anything would be acceptable. I suppose that Trump would be higher on the scale.
KamaAina
(78,249 posts)You said "eh?", so you must be Canadian.
1monster
(11,012 posts)His father was from a third country, and now, apparently there is evidence that his mother had become a citizen of the country of Cruz's birth.
If she did, the question is: Was it before Cruz was born. If no, on either count, then Cruz has a legitimate claim to US citizenship. If yes to both, it's a whole different ballgame.
In Obama's case, there was never a legitimate question because he was born in the US.
muriel_volestrangler
(101,361 posts)You'd have to formally renounce your US citizenship to lose it, or show by statements or conduct you wish to give it up: http://canada.usembassy.gov/mobile/consular_services/dual-citizenship.html
Unless the ALL CAPS thread starter can show Cruz's mother renounced her American citizenship, it doesn't matter if she had Canadian citizenship too. And the thread goes back to being judged on "is it as annoying as Ted Cruz?" Close ...
Nay
(12,051 posts)legal, though. The US OKed dual citizenship in 1967. Canada OKed dual citizenships with the US in 1977.
If you look at the timeline of the Cruz family, if Mrs. Cruz did become a Canadian citizen before 1977, it looks like she would have had to give up her US citizenship under Canadian law. Now, there's nothing that says she applied for Canadian citizenship, except perhaps that her husband said they did, and that he actually did. Still, it's not crazy to think that there's something weird going on here.
As I've maintained in past posts about this subject, all questions about Ted Cruz's citizenship could be resolved in 30 seconds if he or his parents would produce the US Embassy form for children born abroad of a US citizen. The fact that he has not produced this leads any normal person to conclude it does not exist. If it is lost, a simple request to the State Department will gain him a replacement copy. He hasn't done that. The State Dept. has made it even easier than that -- the form can be requested and issued retroactively, even years after the child's birth, but Ted hasn't done that, either. He is relying solely on his possession of a US passport to confirm that he is a citizen. He got that passport when he was 14 years old, in about 1984. How did he get that US passport? The govt does require some serious proof that you are a US citizen before they issue you a passport. What did Cruz's parents use? No one knows. It could not have been his Canadian birth certificate, obviously. And, since Ted has been in the US since he was 4 and did not get a passport until he was 14, what did his parents use to enroll him in school, etc.? The usual proof is a birth certificate.
Anyway, there are legitimate questions, although they are generally not the questions asked in some of those crazy links. It's not crazy to think there's something strange with all this. Cruz's parents could easily have resolved all these issues for their son, but they haven't. A rational person can conclude that they can't, for some unknown reason.
muriel_volestrangler
(101,361 posts)before they'd grant citizenship.
http://www.nationaljournal.com/magazine/rafael-cruz-ted-cruz-2016-20150626
five years and completed naturalization paperwork, with the exception of immigrants who
were British subjects who would not lose their existing rights after they had resided in
Canada for only one year
http://www.cba.org/CBA/newsletters-sections/pdf/04-10-imm_5.pdf
"what did his parents use to enroll him in school" - his mother's passport, perhaps? The one she would have needed to move back to the USA with. If she had renounced her citizenship, they wouldn't have been able to move back to the USA so easily. Everything points to her having retained US citizenship.
I'm just going to say this: Don't Be A Birther.
Nay
(12,051 posts)legal in the US and/or Canada, and those rules (if needed) would be the ones applied to the Cruzes at the time of their residence in Canada. I made no birther claims; I believe Mrs. Cruz stayed a US citizen; I was just addressing the lack of depth and pertinence in the actual birther article.
However, the fact that nutty birthers cannot seem to home in on relevant points in the Cruz citizenship question does not mean there are no issues. It would seem to be an easy thing to reveal to your constituents what documents you presented to the US government to acquire a US passport, for example. It is a mystery why he has not come forward with the relevant documents, other then his well-known belief that It's OK If You Are A Republican. It is especially relevant in Cruz's case because of his birther nonsense directed at other presidential candidates who are very clearly natural-born citizens.
muriel_volestrangler
(101,361 posts)Their life story looks straightforward enough, and says that his mother remained a US citizen. Demanding documentary proof for a life that all US officials have accepted as normal, and as a US citizen at all times, just because you haven't seen them is what the birthers did (despite the fact that there is no credible scenario in which she gave up her US citizenship). This is not a case of IOKYAAR; the point is that Obama did not immediately produce every certificate that someone on the internet demanded, because it's a damn stupid idea.
"his birther nonsense directed at other presidential candidates " - I must admit I'm unaware of that. What is he saying?
FBaggins
(26,760 posts)That's the piece that's lacking here. The "timeline" points out in multiple ways that his father was not a US Citizen, but it magically skips from a quote that his father gave re: becoming a citizen of Canada to an unsupported claim that his mother did as well. It also intentionally leaves the reader with the belief that being a citizen of Canada means that someone isn't a US Citizen.
You should take a look at the other documents from the source of the "documented timeline of the Cruz' Family citizenship status". Do we really need to be associated with such trash?
https://www.scribd.com/jb_uspu
1monster
(11,012 posts)I assumed that the info in the post was legit.
DrDan
(20,411 posts)1StrongBlackMan
(31,849 posts)Isn't it an issue BECAUSE cruz has such "unconventional" views on immigration vis-a-vis the US Constitution (i.e., Birth-right citizenship)?
FBaggins
(26,760 posts)Or, at least, it's because any tea party supporters of his look like hypocrites.
However, that's a good reason to post articles pointing out their hypocrisy... not an excuse to post articles (in all caps) actually owning the birther psychosis ourselves.
JustAnotherGen
(31,902 posts)I'm enjoying him entering his valley of comeuppance.
Betty Karlson
(7,231 posts)Omaha Steve
(99,727 posts)THANK YOU!!!
OS
Spazito
(50,477 posts)awoke_in_2003
(34,582 posts)but cat ain't stupid
DawgHouse
(4,019 posts)Motown_Johnny
(22,308 posts)If so, then this is something. If not, it is nothing.
Scarsdale
(9,426 posts)Where is she? We all know about his "holier than thou" father, but what happened to his mother?
randome
(34,845 posts)But I wouldn't want to spread any rumors.
[hr][font color="blue"][center]TECT in the name of the Representative approves of this post.[/center][/font][hr]
sarge43
(28,945 posts)1. Is Teddy an illegal immigrant and will he and his family be returned to Canada?
2. What took so long? His mother's Canadian citizenship status is public record, quick and easy to confirm.
3. After the hooha with President Obama's status, why didn't Teddy CYA? Is he that stupid - which may be a bonus point rhetorical.
fredamae
(4,458 posts)sarge43
(28,945 posts)liberal N proud
(60,346 posts)Send him back to Canada
SwankyXomb
(2,030 posts)So he must have had some documentation of his US citizenship, either a DS-1350 or FS-240. All he has to do is produce one of those documents and the whole thing goes away.
WinkyDink
(51,311 posts)ericson00
(2,707 posts)Vinca
(50,304 posts)I don't think Canada allowed dual citizenship in 1970, but I could be wrong. She would have had to have given up her American citizenship.
Jim Lane
(11,175 posts)I read the linked article as well as the source that it linked. I found absolutely nothing to support the insinuation that Cruz's mother renounced her U.S. citizenship or became a Canadian citizen.
The molehill of fact here is that Cruz was, under Canadian law, a Canadian citizen automatically at birth, Canadian law apparently being similar to ours on that point. Nevertheless, as long as his mother was a U.S. citizen who had met the U.S. residency requirements, he was also a U.S. citizen automatically at birth. As a natural born citizen, he can't be disqualified from the Presidency just because some foreign government also gave him citizenship.
Vinca
(50,304 posts)WinkyDink
(51,311 posts)nation.
The burden of meeting any requirement is on the person claiming to fulfill it.
FBaggins
(26,760 posts)When getting a passport for instance.
The burden of meeting any requirement is on the person claiming to fulfill it.
Except that the claim in this case is that he didn't meet those requirements at some point in the past. The burden of proof is therefore on those who want to claim that he isn't a citizen.
WinkyDink
(51,311 posts)FBaggins
(26,760 posts)WinkyDink
(51,311 posts)Section 1 of Article Two of the United States Constitution sets forth the eligibility requirements for serving as president of the United States:
No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
That's it. No "10 years" blather.
Jim Lane
(11,175 posts)"Natural born citizen" isn't defined in the Constitution, but the obvious meaning is that the person is a citizen automatically at birth, without any subsequent naturalization proceedings. In the case of a child born outside the U.S. to one citizen parent and one noncitizen parent (Cruz's situation), there have been different laws in effect over the years concerning whether the child is a citizen. At the time of Cruz's birth, the law was that the citizen parent could pass on citizenship to the foreign-born child only if the parent met a residency requirement. I think it was that the parent have lived in the U.S. for at least ten years, including at least five years after having attained the age of 14.
AFAIK there's no serious question about Cruz's mother's citizenship. She was a U.S. citizen from birth (Delaware IIRC) and never changed that. The OP's linked article is baseless speculation. There's also no serious question about her residency. She was born and raised here, took an undergraduate degree here, and then lived here a few more years before her temporary stay in Canada. The question that's not answered in the Constitution, though, is the procedure for establishing eligibility, including burden of proof. One scholar has asked half-jokingly if Mrs. Cruz saved her utility bills from the 1960s to prove she met the residency requirement.
Given that Congress counts the electoral votes, there's a good argument for saying that Congress decides eligibility questions at the time of the count. In the absence of any good-faith question about Cruz's mother's residency or citizenship, I think it would be wrong for Congress to reject votes for Cruz unless and until she can produce those old utility bills or rent receipts or whatever. We'll have to use other methods to keep Cruz out of the White House.
Incidentally, the law I've described is why the birther argument that Obama was born in Kenya, although it's also utterly without supporting evidence, is not legal nonsense. His mother was only 18 when he was born. She didn't (couldn't) meet the five-year residency requirement. Therefore, if she had inexplicably traveled to Kenya to give birth and then taken steps to fake a U.S. birth, Obama would not be eligible. Cruz's mother was well past her 19th birthday so that problem didn't arise.
WinkyDink
(51,311 posts)Jim Lane
(11,175 posts)The current text of section 1401 reads as follows:
(emphasis added)
The phrase "passing on citizenship" isn't a technical legal term. It's my colloquial reference to the concept that a child born outside the United States can become a citizen at birth by virtue of one parent's citizenship.
You'll note that, even under the current version of the law, there's a residency requirement. The child born abroad to one citizen parent and one noncitizen parent is a citizen at birth only if the citizen parent had lived in the United States for at least five years, including at least two years after that parent's fourteenth birthday. The law that was in effect at the times of Obama's and Cruz's birth was similar, except that the residency periods of five years and two years were ten years and five years, respectively.
FBaggins
(26,760 posts)If two US citizens have a baby overseas, she's a US citizen (as well as probably a citizen of that country). The distinction here is that if that baby grows up overseas and stays there... she can't pass on that citizenship to her children.
In Cruz's case, this isn't an issue. His mother was born in the US and lived here most of her life.
Response to WinkyDink (Reply #29)
Jim Lane This message was self-deleted by its author.
unc70
(6,120 posts)All other citizens are naturalized. The deliberate efforts of Republican legal "scholars" have worked to obscure the clear meaning of the Constitution. Cruz is not natural born. Period.
COLGATE4
(14,732 posts)is a natural born US citizen.
unc70
(6,120 posts)The question of citizenship depends on what year the were born and whether their mother or father was a citizen and whether they also met other residency in USA requirements, and whether other actions were taken such as registering at age 18 and being subject to the draft. It is really complicated.
The wiki and similar discussions is inadequate. We have had many discussions on DU. Here is one from four years ago regarding Romney where I posted a lot about this with various links to detailed discussions about citizenship.
http://www.democraticunderground.com/1002459927
COLGATE4
(14,732 posts)"Natural born citizens means born in the USA. All other citizens are naturalized."
A child born to US citizens abroad is in no way, shape or form a naturalized citizen. And, since there are only two possibilities, that child is therefore by definition a 'natural born citizen'. The rest of paperwork like registration requirements don't affect the nature of the citizenship of the child.
unc70
(6,120 posts)The Constitution only defines two ways one can become a citizen now. First is to be born in the USA; otherwise is to meet the uniform rules for naturalization as enacted by Congress. All the rules regarding children of citizens are part of the Natralization Act and have been changed many times.
Incorrect (and begs the question). The Constitution does not say "born in the US" as a definition of citizenship. The 14th Amendment didn't define citizenship, it extended it to people that some state might choose to deny it.
The Constitutional definition of citizenship (and specifically "natural born citizen" draws it's clear meaning from then-existing British common law (which were then codified by the first Congress). In both cases, "natural born citizen" clearly included children of citizens who were born abroad.
Nay
(12,051 posts)actually have dual citizenship have refuted this shit over and over, but types like you won't even go to the Dept of State website to read what it actually says. Please go away.
COLGATE4
(14,732 posts)US citizens born abroad who do not qualify for automatic citizenship by law:
8 U.S. Code § 1431: " a) A child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled:
(1) At least one parent of the child is a citizen of the United States, whether by birth or naturalization.
(2) The child is under the age of eighteen years.
(3) The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence.
For those children who do not qualify under 8 USC 1431:
8 U.S. Code § 1433: " a) Application by citizen parents; requirements
A parent who is a citizen of the United States (or, if the citizen parent has died during the preceding 5 years, a citizen grandparent or citizen legal guardian) may apply for naturalization on behalf of a child born outside of the United States who has not acquired citizenship automatically under section 1431 of this title.
MosheFeingold
(3,051 posts)Although Hillary (the original birther) did try that on Obama.
Natural Born Citizen means a person who is born a US citizen, at birth, with no further action on part of said person required to become a citizen.
Cruz's mother was a US citizen at birth (like Obama's), so he (like Obama) was a citizen at birth.
It was upon this law all the nonsense regarding Obama was dismissed without any factual investigation needed.
As it should be with Cruz.
And besides, Cruz would get clobbered in the general. We want him there.
unc70
(6,120 posts)Under current law, that action can be as simple as moving to the USA with their parent while still a child.
But some action must still be taken.
Nye Bevan
(25,406 posts)and can become president, even though he or she was born abroad. Period.
unc70
(6,120 posts)Sen. Walter Sobchak
(8,692 posts)Jim Lane
(11,175 posts)See the statute that I quoted in #89.
You write:
It was upon this law all the nonsense regarding Obama was dismissed without any factual investigation needed.
It's not the case now, and was not the case when Obama and Cruz were born, that the mother's mere citizenship, without more, would make the child a citizen at birth. There would be a question of the citizen mother's period of residency in the United States.
It was undeniable that Obama's mother did not meet the residency requirement. Therefore, if in August of 1961 she had chosen to go abroad to give birth, that child would not have been a U.S. citizen at birth. It's on that basis that factual investigation was needed. Of course, for everyone who approached the question in good faith, the factual investigation established that Obama was born in Hawaii, rendering his parents' citizenship and residency moot.
TNNurse
(6,929 posts)that "annoying as Ted Cruz" is a measure in discussion? He is incredibly annoying, self-righteous, and wrong but I am not sure annoying is the right word.
WinkyDink
(51,311 posts)"Born elsewhere with another nation's citizenship."
The Constitution does not define the phrase natural-born citizen, and various opinions have been offered over time regarding its precise meaning. The consensus of early 21st-century constitutional and legal scholarship, together with relevant case law, is that "natural born" comprises all people born subject to the jurisdiction of the United States, including, generally, those born in the United States, those born to U.S. citizen parents in foreign countries, and those born in other situations meeting the legal requirements for U.S. citizenship "at birth."
https://en.wikipedia.org/wiki/Natural-born-citizen_clause
THREE options, ALL having to do with one's BIRTH, not one's eventual test-taking to become a naturalized citizen at adulthood. Cruz does not, clearly, meet two of these definitions. The ONLY one open to him is the status of his mother. So yes, his mother's citizenship at the time of Cruz's BIRTH is ESSENTIAL to his candidacy.
Lies about Obama do not preclude learning the truth about Ted Cruz.
ecstatic
(32,731 posts)You nailed it!
FBaggins
(26,760 posts)We're just hoping to avoid Democrats looking hypocritical and/or ignorant.
Let's leave that to any birther who supports Cruz.
MosheFeingold
(3,051 posts)I "hope" he is the RNC candidate, however, because he's the easiest to beat.
Smart and all that, yes, but easily beaten on the issues.
No need for Birther crap.
Erich Bloodaxe BSN
(14,733 posts)So proof that he's part of nature would indeed be good.
Kip Humphrey
(4,753 posts)went to Canada and renounced their US citizenship back then.
This is so delicious, it has brought tears to my eyes and given me an new appreciation of
yeoman6987
(14,449 posts)I don't think he was a draft dodger though since he was from Cuba.
jeff47
(26,549 posts)(Ted's father was born in Cuba)
Kip Humphrey
(4,753 posts)Agschmid
(28,749 posts)Iggo
(47,568 posts)Oops. Sorry. I mean SAYS WHO?
Codeine
(25,586 posts)Don't be an idiot.
pampango
(24,692 posts)For the purposes of determining presidential eligibility, a "natural born" citizen is understood to be someone who gains citizenship "by birth" or "at birth," as opposed to being naturalized as a U.S. citizen, according to a 2011 report from the Congressional Research Service. Birthers contest that understanding, challenging both candidates who were born outside of the U.S. to at least one American parent and candidates who were born inside of the U.S. to foreign parents.
The birther movement most vociferously opposed President Barack Obama's candidacy. But over the years birthers also have challenged George Romney, who was born in Mexico; Barry Goldwater, who was born in Arizona before it became a state; John McCain, who was born in Panama; and even Mitt Romney, who was born in Michigan but whose aforementioned father was born in Mexico.
Now, there are four Republicans running for President in 2016 who've captured the birthers' attention: Sen. Ted Cruz (R-TX), Sen. Marco Rubio (R-FL), Louisiana Gov. Bobby Jindal (R) and former Sen. Rick Santorum (R-PA). Jack Cashill, an author and columnist for WND, the conspiracy theory website that has been something of a birther movement hub, told TPM last week that these birthers remain "constitutionally opposed" to those candidates' eligibility even though they're still likely "ideologically aligned" with the candidates.
Here's how the far-right fringe challenges the candidacies of the four GOPers.
(There follows an explanation of the birthers' case against Cruz - born in Canada with a Cuban father, Rubio - Cuban parents, he's an 'anchor baby', Jindal - foreign parents, he's an 'anchor baby' too, and even Santorum - father may have still be an Italian citizen when he was born.)
http://talkingpointsmemo.com/muckraker/birther-cases-against-gopers-explained
Lint Head
(15,064 posts)had to when Trump made his accusations as opposed to us justifying it here.
pnwmom
(108,995 posts)Rubio and Jindal aren't citizens.
Gigabear
(58 posts)examiner.com is not a reliable source.
freshwest
(53,661 posts)He vacillates between looking like he's going to cry if he doesn't get his way, to 'Look at what I did, I'm such a naughty boy' arrogance. He's a malignant narcissist and a dangerous demagogue. He's loathesome.
totodeinhere
(13,059 posts)Cruz was already seated. The only way to get rid of him would be for the Senate to expel him.
leveymg
(36,418 posts)This birther crap is nonsense, on both sides.
Snobblevitch
(1,958 posts)at the time of his birth. The only thing that would affect his U.S. citizenship if whether or. Otcshe was a U.S. citizen at the time of his birth, no matter where it occurred.
jaysunb
(11,856 posts)It was said to be unclear on who she was and was she actually a Canadian by birth. It all got swept under the rug back then, but it's still an interesting subject.
backscatter712
(26,355 posts)TeamPooka
(24,256 posts)pinboy3niner
(53,339 posts)Hekate
(90,824 posts)Sen. Walter Sobchak
(8,692 posts)I became a Canadian citizen last year, that doesn't impact my US citizenship in any way. Dispensing with my US citizenship would be a long and costly process.