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UCmeNdc

(9,600 posts)
Thu Jan 14, 2016, 12:29 PM Jan 2016

Ted Cruz Citizenship Timeline: Ted Cruz is Canadian at birth. Period.

State of Delaware Vital Records says, no record of Eleanor Elizabeth Darragh Wilson birth exist. Ted Cruz's mother does not have a US birth certificate.

FACTUAL CRUZ CITIZENSHIP TIMELINE
(Everything presented in this timeline is a matter of public record. All of it is based upon publicly reported events, public statements made by Rafael Cruz, Ted Cruz, officials with the Elect Ted movement or US and Canadian officials."

1957 - After working as a teen to help Fidel Castro gain power in Cuba, and being imprisoned for his actions by the Batista regime, Cuban Rafael Cruz applies for admittance to the University of Te'as as a foreign student and enters the US on a four year student visa to attend four years of college. He is a Cuban citizen attending a US college on a foreign student visa obtained through the US Consulate in Havana.

1961-1962 - After graduating college at the University of Texas, and upon the expiration of his foreign student visa, Cruz Sr. applied for and received "political asylum" and was issued a "green card." A green card is a permit to reside and work in the United States, without becoming a "citizen" of the United States, in this case, under political asylum from Castro's Cuba. His citizenship status was that of a Cuban national living and working in the United States, under a green card work permit. According to US laws, the "green card" holder must maintain permanent resident status, and can be removed from the United States if certain conditions of this status are not met.

1964-1966 - Cruz Sr. takes a few odd jobs, marries and moves to Canada to work in the oil fields. The Cruz family resides in Canada for the next eight years. “I worked in Canada for eight years,” Rafael Cruz says. “And while I was in Canada, I became a Canadian citizen.” – (From and interview with NPR) "Peter Spiro, a legal expert on US citizenship at Temple University. Spiro says Rafael Cruz's multi-country odyssey did not follow traditional models for immigration. SPIRO - “Ted Cruz himself seems to be an advocate of those traditional immigration models. Maybe he should be a little more tolerant of the nontraditional Versions, given his own father's history.”

196x ?Both parents applied for and received Canadian citizenship under Canadian Immigration and Naturalization Laws


1970 - Ted Cruz is born in Canada, to two parents who had lived in Canada for at least four years at that time, and had applied for and received Canadian citizenship under Canadian Immigration and Naturalization Laws, as stated by Rafael Cruz. As a result, US statutes would have voided the prior "green card" status which requires among other things, permanent residency within the United States and obviously, not becoming a citizen of another country during the time frame of the US green card.

1974 - The Cruz family moves to the United States when Ted is approximately four years old. Rafael Cruz has publicly stated that he remained a citizen of Canada until he renounced his Canadian citizenship when he applied for and became a US Naturalized citizen in 2005. As a result, his wife and son were also Canadian citizens, his son being born a citizen of Canada in 1970.

2005 - Rafael Cruz applies for legal US citizenship and renounces his Canadian citizenship. No record of Ted renouncing his Canadian citizenship or applying for US citizenship exists as of 2005.

2013 - Freshman Senator Ted Cruz is a rising star in the Tea Party movement, and calls for him to run for the White House begin. In July, Ted Cruz is Questioned by the press about his interest in running for President, and the issue of his Canadian born citizenship is brought up Sen. Ted Cruz rejected questions Sunday over his eligibility to be president, saying that although he was born in Canada “the facts are clear” that he is a US citizen.
“My mother was born in Wilmington, Delaware. She is a US. citizen, so I'm a US citizen by birth,” Cruz told A&C. “I'm not going to engage in a legal debate.”

NOTE: Senator Cruz omits the part of his father's story, in particular, the part about his parents applying for and receiving Canadian citizenship prior to Ted's birth in Calgary. He also attempts to gloss past the actual definition of natural)born Citizen by implying it is a mere legal debate for others to figure out.

August 2013 - As Ted's political stock rises in the Tea Party, so do press questions about his eligibility for office. Ted decides to quiet the questions by releasing his birth certificate, which now becomes absolute proof of Ted's Canadian citizenship at birth, 1970, Calgary, Canada. The release of the Canadian birth records only serve to further fuel the controversy.

Ted seeks Legal Counsel, as the media is now pressing members of Canadian Immigration and Naturalization to clear the matter up, when instead, Canadian officials confirm the Ted Cruz was in fact born a legal citizen of Canada, the son of two parents who had also applied for and received Canadian citizenship prior to Ted's birth.

“He's a Canadian,” said Toronto lawyer Stephen Green, past chairman of the Canadian Bar Association's Citizenship and Immigration Section.
“Generally speaking, under the Citizenship Act of 1947, those born in Canada were automatically citizens at birth unless their parent was a foreign diplomat, ”said ministry spokeswoman Julie Lafortune.

Legal counsel advises Ted to "renounce his Canadian citizenship" in order to make himself eligible to run for the presidency. Of course, renouncing one's original citizenship only further proves one's original citizenship.

May 2014 - Ted Cruz legal counsel files to renounce Ted's Canadian citizenship in an effort to make him eligible to run for high office under the natural born Citizen clause Article II in the US Constitution.

AUSTIN, Texas - Canada-born US Sen. Ted Cruz has given up his citizenship from his birth country, making good on a promise from last summer. spokeswoman Catherine Frazier said “the Tea Party favorite formally gave up his citizenship May 14th. He received official confirmation of the action at his Houston home Tuesday.”

News that he had renounced his citizenship was first reported by the Dallas Morning News. The newspaper also bro$e that Cruz had dual Canadian) US citizenship when he released his birth certificate in August.

Frazier said Cruz “he is pleased to have the process finalized” and that it “makes sense he should be only an American citizen.”- of course, the Constitution does not require that one be only an American citizen, but rather a natural born Citizen.

As of February 4, 2015 - No evidence of any US Citizenship has been released to confirm anything at all about the true citizenship status of Ted Cruz.

Because Ted Cruz has been confirmed a legal citizen of Canada up until renouncing his Canadian citizenship in May of 2014, and because he has been confirmed a citizen of Canada at birth, and because his father is on public record stating that he and his wife became citizens of Canada during their eight years living in Canada and because Rafael Cruz remained a citizen of Canada until he renounced and applied for legal US citizenship in 2005. There is simply NO WAY that Ted Cruz was, is or ever can be a Natural Born Citizen of the United States eligible for the offices of President or Vice President.

So, does this mean that members of the Tea Party are engaged in an overt effort to defraud Tea Party members who are Ted fans, by all of this legal fancy footwork.

The facts are all well documented. You decide...

https://www.facebook.com/notes/anna-tomerlin/ted-cruz-citizenship-timeline/815852778451290/
136 replies = new reply since forum marked as read
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Ted Cruz Citizenship Timeline: Ted Cruz is Canadian at birth. Period. (Original Post) UCmeNdc Jan 2016 OP
"196x ?BBoth parents applied for and received Canadian citizenship..." KamaAina Jan 2016 #1
Another weak link is mama Cruz. 1st we've heard about 7wo7rees Jan 2016 #7
Yeah, this claim that she wasn't a US citizen at all surprises me anigbrowl Jan 2016 #44
I think that according to US law, you relinquish US citizenship when you apply for another. lumberjack_jeff Jan 2016 #53
Not true anigbrowl Jan 2016 #55
That is true now, but not then.. Jenny_92808 Jan 2016 #92
No dual citizenship in Canada Enchantedone Feb 2016 #135
That is absolutely false jberryhill Jan 2016 #107
You didn't need a passport to go to Canada until very recently nt a la izquierda Jan 2016 #99
Crossing the Canada/US Border w/o passport, very easy prior to 1990 403Forbidden Jan 2016 #104
Here's her birth certificate. Any questions? underahedgerow Jan 2016 #60
Yes, I have several questions kay1864 Jan 2016 #70
To get a US passport, you don't necessarily need your birth certificate, in fact. You can bring a underahedgerow Jan 2016 #71
Didn't say he wasn't a US citizen kay1864 Jan 2016 #72
Cruz is not a "natural born" citizen Jenny_92808 Jan 2016 #95
Naturalized citizens have the same rights as the natural-born except... Jenny_92808 Jan 2016 #96
When did Cruz go through the naturalization process n/t SickOfTheOnePct Jan 2016 #97
His mother registered his birth... Jenny_92808 Jan 2016 #100
Then he wasn't naturalized SickOfTheOnePct Jan 2016 #102
Shades of the birther movement... TipTok Jan 2016 #74
Not at all. earthside Jan 2016 #77
It just shows that some folks will jump in the muck the moment they get the chance to slime... TipTok Jan 2016 #80
Here is a clue... Jenny_92808 Jan 2016 #93
Yep. Until it is somehow established that the mother was not also an American citizen... Orsino Jan 2016 #15
natural born means... Jenny_92808 Jan 2016 #101
That's one interpretation, but not established yet as a requirement. Orsino Jan 2016 #134
No, it's an irrelevant link. jeff47 Jan 2016 #18
Show that she was a U.S. Citizen first Flying Squirrel Jan 2016 #38
Ok, she's in the US without a green card or visa, and brought her son jeff47 Jan 2016 #39
It's all gonna come down to the definition Flying Squirrel Jan 2016 #40
So the founding fathers intended to exclude themselves? jeff47 Jan 2016 #41
The founding fathers wrote in an exception for themselves. Mariana Jan 2016 #78
They covered that ... earthside Jan 2016 #79
You have to be a "natural born" citizen to serve as President or V-President Jenny_92808 Jan 2016 #94
It's a moot point right now anyway Flying Squirrel Jan 2016 #43
You are 100% incorrect kay1864 Jan 2016 #86
Psychic powers Flying Squirrel Jan 2016 #88
Well, if she applied for Canadian citizenship, she must have had a passport to get into Canada anigbrowl Jan 2016 #45
Her birth certificate isn't lost SickOfTheOnePct Jan 2016 #50
Thanks. That renders this whole thread nonsensical then. anigbrowl Jan 2016 #56
No it doesn't because... Jenny_92808 Jan 2016 #105
You continue to say that he is a naturalized citizen SickOfTheOnePct Jan 2016 #109
Cruz was naturalized... Jenny_92808 Jan 2016 #118
"It appears" is nothing more than your opinion SickOfTheOnePct Jan 2016 #120
For a child born abroad... Jenny_92808 Jan 2016 #123
The point of the registration at the embassy or consulate SickOfTheOnePct Jan 2016 #125
So why has Teddy Crazy SwankyXomb Jan 2016 #128
Prior to 1976... Jenny_92808 Jan 2016 #103
Canada also required five years of residence prior to becoming a citizen SickOfTheOnePct Jan 2016 #112
3 out of 4 years Jenny_92808 Jan 2016 #126
That's current law SickOfTheOnePct Jan 2016 #127
Parents were Canadian citizens when Ted was born... Jenny_92808 Jan 2016 #98
Who is this Anna Tomerlin whom you cite? KamaAina Jan 2016 #111
Cruz's father never said that n/t SickOfTheOnePct Jan 2016 #113
Well, if you can't accept what you read on Facebook as absolute fact, then mahatmakanejeeves Jan 2016 #2
It should not be too hard to verify when the mother and father converted to canadian citizenship UCmeNdc Jan 2016 #9
It isn't a conversion. jeff47 Jan 2016 #26
Ted Cruz Canadian Birth Certificate DhhD Jan 2016 #90
That Link DOES Need To Be Fleshed Out Vogon_Glory Jan 2016 #3
The quote from Cruz's father on that FB page doesn't say that his wife became a Canadian citizen. WillowTree Jan 2016 #4
Next to Rafael Cruz's name on the list is "Mrs. Eleanor Cruz" csziggy Jan 2016 #37
That just says they were married. You don't need the same citizenship for that. nt anigbrowl Jan 2016 #46
BOTH are on the Voter's List csziggy Jan 2016 #48
So what if she was on the voter list? n/t SickOfTheOnePct Jan 2016 #51
Can you vote in Canada if not a citizen of Canada? Herman4747 Jan 2016 #69
Probably not SickOfTheOnePct Jan 2016 #75
...for 1974. Cruz was born in 1970. anigbrowl Jan 2016 #52
Ted Cruz's... Jenny_92808 Jan 2016 #106
No, he didn't say that n/t SickOfTheOnePct Jan 2016 #115
Oh.......I didn't realize that it was posted on facebook. It must be true then! WillowTree Jan 2016 #130
Is this being disputed? stone space Jan 2016 #5
No. SwankyXomb Jan 2016 #17
If his mother was born in Delaware sharp_stick Jan 2016 #6
Or did she give up her US Citizenship and become a Naturalized Canadian Citizen? UCmeNdc Jan 2016 #10
No. There would be a definitive record of it and there is not. yellowcanine Jan 2016 #16
It's not as easy as folks think to relinquish their US citizenship. stone space Jan 2016 #19
Some DU Nativist just answered "yes" by DU email. stone space Jan 2016 #30
You have to formally renounce your US citizenship. It does not automatically go away jeff47 Jan 2016 #20
Not likely sharp_stick Jan 2016 #23
He would be a US citizen, but not natural born unc70 Jan 2016 #12
No. Natural born just means citizen at birth. jeff47 Jan 2016 #21
Those early presidents were grandfathered in unc70 Jan 2016 #89
I don't believe that sharp_stick Jan 2016 #25
I've heard legal scholars, including Lawrence Tribe, say that natural born means born on the land. Zen Democrat Jan 2016 #129
That still leaves open whether he's a "natural born citizen" starroute Jan 2016 #22
Where did you get that sharp_stick Jan 2016 #27
Here is the US statute starroute Jan 2016 #32
Does Cruz meet these residency requirements? Boxturtle Jan 2016 #35
Considering Cruz was born in 1970 this hardly seems relevant anigbrowl Jan 2016 #47
This is why I said I'd seen earlier versions and they hadn't changed much starroute Jan 2016 #57
Yes, they become citizens by birth. jeff47 Jan 2016 #28
If she became a Canadian citizen, then is Cruz in the country legally? hedgehog Jan 2016 #8
You have to formally renounce your US citizenship to lose it. jeff47 Jan 2016 #24
No. stone space Jan 2016 #31
The fact is madokie Jan 2016 #11
Well done! H2O Man Jan 2016 #13
Facebook posts are now definitive citations? yellowcanine Jan 2016 #14
You left out, or missed one quite important point. guillaumeb Jan 2016 #29
I wish I had the citation... 2naSalit Jan 2016 #33
"I'm not going to engage in a legal debate.” Adsos Letter Jan 2016 #34
This assumes, incorrectly, that there is no such thing as dual citizenship. Jim Lane Jan 2016 #36
Cruz released his mother's birth certificateo SickOfTheOnePct Jan 2016 #42
Yes he did. Its images have been on the internets for several years now. underahedgerow Jan 2016 #59
Both parents applied for and received Canadian citizenship under Canadian Naturalization laws UCmeNdc Jan 2016 #65
Link please SickOfTheOnePct Jan 2016 #76
how do you know that? link DrDan Jan 2016 #83
Very relevant thread for me DFW Jan 2016 #49
Message auto-removed Name removed Mar 2016 #136
Good article, but it's not incumbent on any of us to prove the negative. lumberjack_jeff Jan 2016 #54
Tenous? n/t SickOfTheOnePct Jan 2016 #58
Yes, tenuous. lumberjack_jeff Jan 2016 #61
That is what I was wondering Samantha Jan 2016 #63
Is that actually a quote from him SickOfTheOnePct Jan 2016 #64
The constitution states natural born citizens. Funny how republicans can read the 2nd amendment B Calm Jan 2016 #62
Ted to "renounce his Canadian citizenship" UCmeNdc Jan 2016 #66
So if he does, he would be a man without a country. B Calm Jan 2016 #67
He renounced it years ago n/t SickOfTheOnePct Jan 2016 #117
Cruz's renunciation of Canadian citizenship became official 1 year & 7 months ago 403Forbidden Jan 2016 #121
Thank you for the correction - much appreciated! n/t SickOfTheOnePct Jan 2016 #122
is that 196X entry (in bold) where cruz's parent applied for and received Canadian citizenship in DrDan Jan 2016 #68
If his Mom really was an American citizen she retains that for life. period. Sunlei Jan 2016 #73
Not if she asked to be a Canadian Citizen and Canada said she must give up her US Citizenship UCmeNdc Jan 2016 #81
did that happen? did she really apply for Canadian citizenship? DrDan Jan 2016 #82
That seems to be the big question UCmeNdc Jan 2016 #84
I have yet to see where anyone said she applied - only that her name appears on some list DrDan Jan 2016 #85
No you do not give up American citizenship. plenty of people are duel cits. Sunlei Jan 2016 #87
Canada's laws do not determine whether you remain a US citizen jberryhill Jan 2016 #110
Cruz Birth Certificate... Jenny_92808 Jan 2016 #91
Is the mother still part of his life? mainstreetonce Jan 2016 #108
I think she's still around. briv1016 Jan 2016 #131
*sigh* X_Digger Jan 2016 #114
Incredible, isn't it? SickOfTheOnePct Jan 2016 #116
Next I'm expecting them to try to claim that some rethug candidate was born via cesarean. X_Digger Jan 2016 #119
Yep SickOfTheOnePct Jan 2016 #124
This will be fun to watch Gothmog Jan 2016 #132
Yes since Ted Cruz believers hate Canadians UCmeNdc Jan 2016 #133
 

KamaAina

(78,249 posts)
1. "196x ?BBoth parents applied for and received Canadian citizenship..."
Thu Jan 14, 2016, 12:31 PM
Jan 2016

This is the weak link. This needs to be fleshed out with details.

7wo7rees

(5,128 posts)
7. Another weak link is mama Cruz. 1st we've heard about
Thu Jan 14, 2016, 12:47 PM
Jan 2016

no records for her.

It would be such poetic justice to see this deplorable excuse for human be disqualified on a major plank of his "tea party" base!!

I think we might just dislike him more than "bugman" Delay.

 

anigbrowl

(13,889 posts)
44. Yeah, this claim that she wasn't a US citizen at all surprises me
Thu Jan 14, 2016, 08:37 PM
Jan 2016

If she applied for Canadian citizenship sometime in the 60s, the logical inference is that she was not a Canadian. But if so, what country was she a citizen of? In order to enter Canada in the first place she would have needed a passport from that country, and if she had a valid US passport then she must have been a US citizen.

My previoous understanding, which may not be correct, was that she applied for Canadian citizenship in 1974, after the birth of young Ted. But he was born in 1970 and as of 1968 acquiring citizenship of another country and even voting in that country's elections does not abrogate US citizenship. So if she was a US citizen, then so was Ted Cruz at the moment of his birth.

This article is very vague on the detail, but if the claim about there being no record of her birth in the US is true I wonder if there is a slim chance that she herself was Cuban or some similar possibility. I'm rather skeptical of this 'analysis' for the same reason that I was skeptical of Obama birtherism, so absent more evidence I'm going to assume Cruz is legit for now.

But that's not interfering with my amusement at his sudden inconvenience at all. I admit to hoping Trump brings it up in this evening's debate just to get a rise out of him. Trump isn't that great a debater on policy matters but since his base doesn't care about that he has no incentive to be diplomatic or even sensible.

 

lumberjack_jeff

(33,224 posts)
53. I think that according to US law, you relinquish US citizenship when you apply for another.
Thu Jan 14, 2016, 09:13 PM
Jan 2016

If mom relinquished her US citizenship prior to his birth, (or indeed never had it to begin with) then Ted isn't American - natural born or otherwise.

 

anigbrowl

(13,889 posts)
55. Not true
Thu Jan 14, 2016, 09:17 PM
Jan 2016

You can even vote in another country's election and still retain your US citizenship.

https://en.wikipedia.org/wiki/Afroyim_v._Rusk

Note that this case dates from1968. Cruz was born in 1970, so even if his Mom had Canadian citizenship at the time of his birth this would have had no impact on her US citizenship.

 

Jenny_92808

(1,342 posts)
92. That is true now, but not then..
Sat Jan 16, 2016, 10:03 PM
Jan 2016

Last edited Sat Jan 16, 2016, 10:44 PM - Edit history (1)

1976 and earlier, Canada required you to renounce your citizenship to other countries before they would give you naturalization status.

Enchantedone

(1 post)
135. No dual citizenship in Canada
Fri Feb 26, 2016, 05:28 PM
Feb 2016

Canada does not recognize dual citizenship so she would have had to relinquish it.

 

403Forbidden

(166 posts)
104. Crossing the Canada/US Border w/o passport, very easy prior to 1990
Sat Jan 16, 2016, 11:02 PM
Jan 2016

As a child, I crossed the border multiple times with my parents. Passport was never required of me. And my parents only needed to show their driver's licenses. This was the land border at Niagara Falls and also Peace Arch near Vancouver BC.

kay1864

(5,064 posts)
70. Yes, I have several questions
Fri Jan 15, 2016, 11:04 AM
Jan 2016

1. US law says his mother being born in the US does NOT automatically make Ted a US citizen, since he was born abroad AND has a non-US parent. His mother also has to show that she met the residency requirements, as per the US State Dept: Birth Abroad to One Citizen and One Alien Parent in Wedlock.

Now in all likelihood she did meet the requirements, since she graduated high school in Louisiana in 1952 and from Rice University in 1956. But did she submit the documentation and the form to the US Consulate after Ted's birth in 1970, as required in their situation? (FWIW, Ted's spokeswoman says she did)

2. Why doesn't Ted just end all of this speculation by showing his Consular Report of Birth Abroad? (CRBA, or Form FS-240)

3. How did Ted get a US Passport in 1986 without a US birth certificate? Did he in fact use his CRBA? If so, why hasn't he gotten a copy of his CRBA from the State Dept and waved it around (with his passport) at the debates? Why let Trump continue to fan the flames?

underahedgerow

(1,232 posts)
71. To get a US passport, you don't necessarily need your birth certificate, in fact. You can bring a
Fri Jan 15, 2016, 12:20 PM
Jan 2016

certified witness, someone who has proper ID, who will vouch for you. This was due to many people not actually being born in hospitals in the last century, so many people didn't even have birth certificates.

And while his citizenship is not 'automatic', within the framework of the 'born to a US citizen' argument, it actually is, when the papers are filed. Not IF they are filed, that position being exclusionary.

He's a US citizen. He's an asshole, but he's a US citizen. It's fine.

kay1864

(5,064 posts)
72. Didn't say he wasn't a US citizen
Fri Jan 15, 2016, 12:54 PM
Jan 2016

My post was to point out that his mother's birth certificate is in fact insufficient to make him one, under the circumstances.

My other questions remain unanswered.

 

Jenny_92808

(1,342 posts)
95. Cruz is not a "natural born" citizen
Sat Jan 16, 2016, 10:29 PM
Jan 2016

Cruz is a "naturalized" citizen so he does not qualify to be President.

The Founding Fathers’ insistence that the presidency be limited to “natural born citizens” was based on their openly expressed fear that “foreigners were disloyal,” as law professor Malinda L. Seymore has written.

Odd, considering the fact that so many of those who helped craft the “natural born citizen” clause were themselves born in foreign lands: Alexander Hamilton in the West Indies; James Wilson in Scotland; Robert Morris in England; and the four delegates to the Constitutional Convention of 1787 who hailed from Ireland, William Paterson, James McHenry, Pierce Butler and Thomas Fitzsimons.

https://www.washingtonpost.com/news/morning-mix/wp/2016/01/15/that-vexing-natural-born-citizen-requirement-what-were-the-founding-fathers-afraid-of/

 

Jenny_92808

(1,342 posts)
96. Naturalized citizens have the same rights as the natural-born except...
Sat Jan 16, 2016, 10:32 PM
Jan 2016

... they are forever incapable of being chosen to the office of president of the United States.
https://en.wikipedia.org/wiki/Natural-born-citizen_clause

SickOfTheOnePct

(7,290 posts)
102. Then he wasn't naturalized
Sat Jan 16, 2016, 10:54 PM
Jan 2016

He was born an American citizen, as the story you linked to states at the beginning.

earthside

(6,960 posts)
77. Not at all.
Fri Jan 15, 2016, 02:55 PM
Jan 2016

Ted Cruz was indisputably born in Canada.

Barack Obama was indisputably born in the United States.

This is actually shades of Repuglican hypocrisy.

 

TipTok

(2,474 posts)
80. It just shows that some folks will jump in the muck the moment they get the chance to slime...
Fri Jan 15, 2016, 03:30 PM
Jan 2016

... someone they don't like and whine like a child when it happens to their guy.

Crap like this detracts from the million reasons why he is such a slimeball.

Orsino

(37,428 posts)
15. Yep. Until it is somehow established that the mother was not also an American citizen...
Thu Jan 14, 2016, 01:07 PM
Jan 2016

..or that "natural born" must mean "of only one country," the whole argument seems irrelevant.

Orsino

(37,428 posts)
134. That's one interpretation, but not established yet as a requirement.
Tue Jan 19, 2016, 12:44 PM
Jan 2016

Birthright citizenship can be a different animal.

jeff47

(26,549 posts)
18. No, it's an irrelevant link.
Thu Jan 14, 2016, 01:32 PM
Jan 2016

You have to actually renounce US citizenship in order to "lose" it. US citizenship does not automatically disappear if you receive citizenship of another country.

Show evidence that his mother actually renounced her US citizenship before Ted was born, and you'll have a case.

jeff47

(26,549 posts)
39. Ok, she's in the US without a green card or visa, and brought her son
Thu Jan 14, 2016, 05:27 PM
Jan 2016

to the US without a green card or visa. So....immigration did a terrible job processing the family or she's a US citizen.

Also, every single one of you birthers is attacking based on the assumption she is a US citizen but somehow lost her citizenship. Otherwise, that registration document from Ancestry.com would not be relevant.

 

Flying Squirrel

(3,041 posts)
40. It's all gonna come down to the definition
Thu Jan 14, 2016, 05:38 PM
Jan 2016

Of "natural born citizen." Most likely the founding fathers intended that to mean someone physically born in this country to citizens of this country (at least one being a citizen). Someone born in another country to legal citizens of that country, who later moves to the U.S. and later than that becomes a U.S. Citizen as the result of his mother having been born here and having become naturalized before his 18th birthday.. It's quite a stretch to think that's what the founders intended to qualify as a "natural born citizen".

jeff47

(26,549 posts)
41. So the founding fathers intended to exclude themselves?
Thu Jan 14, 2016, 05:43 PM
Jan 2016

Somehow, I don't think so.

who later moves to the U.S. and later than that becomes a U.S. Citizen as the result of his mother having been born here and having become naturalized before his 18th birthday

Not even remotely close to how it works. People born to US citizens do not go through naturalization. They are already citizens.

Second, you'd have lovely public records of Cruz's naturalization if he had been naturalized.

Mariana

(14,854 posts)
78. The founding fathers wrote in an exception for themselves.
Fri Jan 15, 2016, 03:04 PM
Jan 2016

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.

The natural-born citizen clause only applies to people who were born afterward.

No argument with the rest of what you wrote.

earthside

(6,960 posts)
79. They covered that ...
Fri Jan 15, 2016, 03:05 PM
Jan 2016
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.


This controversy needs to be kept in the context of Article II; Section 1; Clause 5.

It isn't about who is a citizen of the U.S.
It is about who is qualified to be President.

Has Article II; Section 1; Clause 5 -- the "natural born Citizen" phrase ever been tested in the courts?

So, there may be an open question here, it seems to me.
 

Jenny_92808

(1,342 posts)
94. You have to be a "natural born" citizen to serve as President or V-President
Sat Jan 16, 2016, 10:18 PM
Jan 2016

Cruz is not a natural born citizen (born on US soil). He is a naturalized citizen if his mother still retained her US citizenship at the time of his birth.

PUBLIC LAW 414-JUNE 27, 1952
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled
SEC. 320. (a) A child born outside of the United States, one of whose parents at the time of the child's birth was an alien and the other of whose parents then was and never thereafter ceased to be a citizen of the United States, shall, if such alien parent is naturalized, become a citizen of the United States, when-
(1) such naturalization takes place while such child is under the age of sixteen years; and
(2) such child is residing in the United States pursuant to a lawful admission for permanent residence at the time of naturalization or thereafter and begins to reside permanently in the United States while under the age of sixteen years. (b) Subsection (a) of this section shall not apply to an adopted child.
https://t.co/YCl6xr7k5u

 

Flying Squirrel

(3,041 posts)
43. It's a moot point right now anyway
Thu Jan 14, 2016, 08:20 PM
Jan 2016

Very little chance of him getting the nomination, and even less chance of being elected if he did. But it's fun watching people twist themselves into pretzels when their belief that Obama's birth certificate was fake would disqualify him from the presidency in their eyes regardless of his mother's citizenship, and then here's Ted Cruz with an actual birth certificate from another country. Quite enjoyable to watch.

kay1864

(5,064 posts)
86. You are 100% incorrect
Fri Jan 15, 2016, 04:27 PM
Jan 2016

Right now it's a close race between Cruz and Trump for getting the GOP nomination.

Claiming "very little chance" shows either ignorance of the polls of the February and March primaries, or psychic powers.

 

Flying Squirrel

(3,041 posts)
88. Psychic powers
Fri Jan 15, 2016, 04:30 PM
Jan 2016
Nobody in Congress, not even his own party, likes Ted Cruz. He is fundamentally unlikeable. The polls just show the ignorance of the respondents. They won't be the ones making this decision - there will probably be a brokered convention.
 

anigbrowl

(13,889 posts)
45. Well, if she applied for Canadian citizenship, she must have had a passport to get into Canada
Thu Jan 14, 2016, 08:42 PM
Jan 2016

I think the probability that her birth cert was lost or misfiled in Delaware is greater than the probability that she was a citizen of some third country to begin with and has managed to perpetuate a decades-long immigration fraud by pretending to be American. An easy way to resolve the issue would be to get the records of her application for a US passport.

I'll be very surprised if this turns out to be more than a distraction, but in the meantime all I have to say is that this couldn't happen to a more deserving guy.

 

anigbrowl

(13,889 posts)
56. Thanks. That renders this whole thread nonsensical then.
Thu Jan 14, 2016, 09:19 PM
Jan 2016

(Talking about the opening lines of the OP claiming her birth cert is nowhere to be found. I missed the bit about Cruz releasing it.)

 

Jenny_92808

(1,342 posts)
105. No it doesn't because...
Sat Jan 16, 2016, 11:07 PM
Jan 2016

Cruz is not qualified to be President because he is not a "natural born" citizen (born on US soil). He is a "naturalized" US citizen if his mother still retained her US citizenship at the time of his birth.

SickOfTheOnePct

(7,290 posts)
109. You continue to say that he is a naturalized citizen
Sat Jan 16, 2016, 11:22 PM
Jan 2016

yet you provide no information as to when he was naturalized. Per the U.S Citizenship & Immigration Services "Naturalization is the process by which U.S. citizenship is granted to a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA). "

http://www.uscis.gov/us-citizenship/citizenship-through-naturalization


So when did Ted Cruz go through the process of naturalization as outlined in the link? If he didn't, then he is a natural citizen by birth.

Nowhere in the Constitution is "natural citizen" defined as belonging only to those born on U.S soil, as you claim.

 

Jenny_92808

(1,342 posts)
118. Cruz was naturalized...
Sat Jan 16, 2016, 11:30 PM
Jan 2016

PUBLIC LAW 414-JUNE 27, 1952
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled

SEC. 320. (a) A child born outside of the United States, one of whose parents at the time of the child's birth was an alien and the other of whose parents then was and never thereafter ceased to be a citizen of the United States, shall, if such alien parent is naturalized, become a citizen of the United States, when-
(1) such naturalization takes place while such child is under the age of sixteen years; and
(2) such child is residing in the United States pursuant to a lawful admission for permanent residence at the time of naturalization or thereafter and begins to reside permanently in the United States while under the age of sixteen years. (b) Subsection (a) of this section shall not apply to an adopted child.

https://t.co/YCl6xr7k5u

It appears that he was naturalized around this time when he needed a passport -

She registered his birth with the U.S. consulate, Frazier said, and the future senator received a U.S. passport in 1986 ahead of a high school trip to England.

http://www.dallasnews.com/news/politics/headlines/20130818-ted-cruz-born-a-citizen-of-canada-under-the-countrys-immigration-rules.ece

SickOfTheOnePct

(7,290 posts)
120. "It appears" is nothing more than your opinion
Sat Jan 16, 2016, 11:33 PM
Jan 2016

You have stated, repeatedly, that he was naturalized, so when did he go through the naturalization process?

Hint: Getting a passport doesn't constitute naturalization.

 

Jenny_92808

(1,342 posts)
123. For a child born abroad...
Sat Jan 16, 2016, 11:46 PM
Jan 2016

to become a U.S. citizen, his or her U.S.- citizen parent must register the birth at a U.S. consulate or embassy. And it appears this was done when she needed to establish his US naturalized citizenship so she could get him a passport.

https://www.washingtonpost.com/opinions/ted-cruz-is-clearly-not-a-natural-born-citizen/2016/01/15/80ef6fca-ba31-11e5-85cd-5ad59bc19432_story.html

SickOfTheOnePct

(7,290 posts)
125. The point of the registration at the embassy or consulate
Sun Jan 17, 2016, 12:00 AM
Jan 2016

is to document the natural born status of citizenship.

And sorry, but a letter to the editor of the Washington Post doesn't constitute proof.

SwankyXomb

(2,030 posts)
128. So why has Teddy Crazy
Sun Jan 17, 2016, 12:51 AM
Jan 2016

not produced this document? He was certainly proud of his Canadian birth certificate. DS-1350 or FS-240, please.

 

Jenny_92808

(1,342 posts)
103. Prior to 1976...
Sat Jan 16, 2016, 10:55 PM
Jan 2016

...Canadian laws were different. Canada would not naturalize you unless you renounce your citizenship to any other country.

SickOfTheOnePct

(7,290 posts)
112. Canada also required five years of residence prior to becoming a citizen
Sat Jan 16, 2016, 11:23 PM
Jan 2016

It doesn't appear that his mother was in Canada for five years prior to his birth.

 

Jenny_92808

(1,342 posts)
126. 3 out of 4 years
Sun Jan 17, 2016, 12:09 AM
Jan 2016

Reinforcing the value of Canadian citizenship
This category includes changes that will modify residency and other requirements for program eligibility. They are:
Increase residency requirements from 3 out of 4 years to 4 out of 6 years;

Read more at http://www.cicnews.com/2014/02/obtaining-canadian-citizenship-harder-023228.html#rClYYDldYqC1uaQp.99

 

Jenny_92808

(1,342 posts)
98. Parents were Canadian citizens when Ted was born...
Sat Jan 16, 2016, 10:41 PM
Jan 2016

Last edited Sun Jan 17, 2016, 01:23 AM - Edit history (1)

1970 - Ted Cruz is born in Canada, to two parents who had lived in Canada for at least four years at that time, and had applied for and received Canadian citizenship under Canadian Immigration and Naturalization Laws, as stated by Rafael Cruz. As a result, US statutes would have voided the prior "green card" status which requires among other things, permanent residency within the United States and obviously, not becoming a citizen of another country during the time frame of the US green card.

http://www.scribd.com/doc/256409078/Cruz-Citizenship-Timeline-documented

mahatmakanejeeves

(57,413 posts)
2. Well, if you can't accept what you read on Facebook as absolute fact, then
Thu Jan 14, 2016, 12:38 PM
Jan 2016

I guess you just can't believe anything you read on the Internet.

UCmeNdc

(9,600 posts)
9. It should not be too hard to verify when the mother and father converted to canadian citizenship
Thu Jan 14, 2016, 12:50 PM
Jan 2016

It should not be to hard to find Cruz's actual Canadian Birth Certificate

These papers must exist somewhere.

jeff47

(26,549 posts)
26. It isn't a conversion.
Thu Jan 14, 2016, 01:38 PM
Jan 2016

His mother retained US citizenship unless she formally renounced her US citizenship. Gaining Canadian citizenship does not automatically revoke US citizenship.

Vogon_Glory

(9,117 posts)
3. That Link DOES Need To Be Fleshed Out
Thu Jan 14, 2016, 12:42 PM
Jan 2016

Solid proof that Eleanor Wilson Cruz was a Canadian citizen at the time of Ted Cruz's birth does need to be found.

I'm already wondering if some US political operative has removed and destroyed pertinent Canadian goverent records.

I would be delighted if SOLID proof showing that the Calgary Kid was NOT a US citizen at birth. Such questions would not only undermine Ted's bid for the Republican nomination BUT ALSO whether he is entitled to his US Senate seat. Seeing Calgary Kid Ted Criz placed in the same position as the DREAMERs he seeks to deport would be profoundly gratifying karmic payback.

I'd love to see Ted picked up by the ICE.

WillowTree

(5,325 posts)
4. The quote from Cruz's father on that FB page doesn't say that his wife became a Canadian citizen.
Thu Jan 14, 2016, 12:44 PM
Jan 2016
“I worked in Canada for eight years,” Rafael Cruz says. “And while I was in Canada, I became a Canadian citizen.”

Is there any evidence that she did? I mean actual evidence.

csziggy

(34,136 posts)
37. Next to Rafael Cruz's name on the list is "Mrs. Eleanor Cruz"
Thu Jan 14, 2016, 04:11 PM
Jan 2016

On the 1974 Voters List Mrs. Eleanor Cruz and Rafael Cruz are listed together, at the same address, 920 Riverdale Avenue South West, Calgary, Alberta, Canada.

I'd give you the link to the scan of the original but it it at Ancestry.com and you have to have a membership.

Here is a link to a media article: http://talkingpointsmemo.com/muckraker/ted-cruz-mother-canadian-voter-list

csziggy

(34,136 posts)
48. BOTH are on the Voter's List
Thu Jan 14, 2016, 08:56 PM
Jan 2016

But as said in the article, that could mean the canvasser took down the wrong information.

SickOfTheOnePct

(7,290 posts)
75. Probably not
Fri Jan 15, 2016, 02:25 PM
Jan 2016

But being a citizen of Canada doesn't mean you can't be a citizen of the U.S. as well.

And IIRC, her name showed up in 1974 on the voter list...four years after Cruz was born.

 

anigbrowl

(13,889 posts)
52. ...for 1974. Cruz was born in 1970.
Thu Jan 14, 2016, 09:05 PM
Jan 2016

So it could be a clerical error, but even if it is 100% accurate and she had become a Canadian citizen by 1974, this would have no bearing on the situation at the time of Cruz's birth, nor would obtaining Canadian citizenship or even voting in a Canadian election have terminated her US citizenship.

 

Jenny_92808

(1,342 posts)
106. Ted Cruz's...
Sat Jan 16, 2016, 11:16 PM
Jan 2016

dad said, he and his wife had citizenship in 1970. Unless it was after Dec. 22, they were both Canadian naturalized citizens at the time of Ted's birth. In the years prior to 1976, Canada laws required that you renounce citizenship to other countries before they would naturalize you.

1970 - Ted Cruz is born in Canada, to two parents who had lived in Canada for at least four years at that time, and had applied for and received Canadian citizenship under Canadian Immigration and Naturalization Laws, as stated by Rafael Cruz. As a result, US statutes would have voided the prior "green card" status which requires among other things, permanent residency within the United States and obviously, not becoming a citizen of another country during the time frame of the US green card.

https://www.facebook.com/notes/anna-tomerlin/ted-cruz-citizenship-timeline/815852778451290/

sharp_stick

(14,400 posts)
6. If his mother was born in Delaware
Thu Jan 14, 2016, 12:46 PM
Jan 2016

she would have been OK for dual citizenship with any Canadian citizenship. Ted Cruz upon birth would have been a dual citizen, a Canadian by birth and an American by parentage.

The only question is, was his mother a US citizen at the time of his birth. If she was, so is he.

UCmeNdc

(9,600 posts)
10. Or did she give up her US Citizenship and become a Naturalized Canadian Citizen?
Thu Jan 14, 2016, 12:53 PM
Jan 2016

That is a possibility. His father gave up his Cuban Citizenship the mother may have given up her US at the same time.

yellowcanine

(35,699 posts)
16. No. There would be a definitive record of it and there is not.
Thu Jan 14, 2016, 01:10 PM
Jan 2016
A person wishing to renounce his or her U.S. citizenship must voluntarily and with intent to relinquish U.S. citizenship: appear in person before a U.S. consular or diplomatic officer, in a foreign country (normally at a U.S. Embassy or Consulate); and. sign an oath of renunciation.

https://www.google.com/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-8#q=Can+a+person+give+up+their+U.S.+citizenship%3F

Someone does that they keep records. You can bet that if there were a record like that political opponents of Ted Cruz would have unearthed it by now.
 

stone space

(6,498 posts)
19. It's not as easy as folks think to relinquish their US citizenship.
Thu Jan 14, 2016, 01:33 PM
Jan 2016

And it certainly won't happen by accident.

If I gain citizenship in my wife's country (as she has in mine), will folks here on DU claim that I've relinquished my US citizenship?

 

stone space

(6,498 posts)
30. Some DU Nativist just answered "yes" by DU email.
Thu Jan 14, 2016, 01:50 PM
Jan 2016
If I gain citizenship in my wife's country (as she has in mine), will folks here on DU claim that I've relinquished my US citizenship?






jeff47

(26,549 posts)
20. You have to formally renounce your US citizenship. It does not automatically go away
Thu Jan 14, 2016, 01:34 PM
Jan 2016

if you are granted citizenship to another country.

Produce evidence that his mother renounced her citizenship (there's even an official government form for it), and you have a case. Otherwise, you don't.

sharp_stick

(14,400 posts)
23. Not likely
Thu Jan 14, 2016, 01:36 PM
Jan 2016

you don't need to renounce US citizenship to gain Canadian citizenship. Also, if she did there would be a record of it, it's not that easy to do.

unc70

(6,110 posts)
12. He would be a US citizen, but not natural born
Thu Jan 14, 2016, 12:59 PM
Jan 2016

If he were natural born, it would not matter whether his parents were US citizens, or not.

jeff47

(26,549 posts)
21. No. Natural born just means citizen at birth.
Thu Jan 14, 2016, 01:35 PM
Jan 2016

And unless you can find evidence that Ted's mother renounced her US citizenship before he was born, he was a US citizen at birth.

Your claim would mean our first few presidents were ineligible.

unc70

(6,110 posts)
89. Those early presidents were grandfathered in
Fri Jan 15, 2016, 09:28 PM
Jan 2016

As citizens of the states when Constitution was adopted.

sharp_stick

(14,400 posts)
25. I don't believe that
Thu Jan 14, 2016, 01:38 PM
Jan 2016

and I don't think the majority of legal experts do either. Most of them seem to be of the opinion that natural born means citizen at birth.

Zen Democrat

(5,901 posts)
129. I've heard legal scholars, including Lawrence Tribe, say that natural born means born on the land.
Sun Jan 17, 2016, 02:13 AM
Jan 2016

The Constitution doesn't say that citizens are eligible, it says natural born citizens, meaning born here. Why do you think the Constitution carved out an exception for the Founding Fathers' generation? Logically, the answer to this is obvious.

starroute

(12,977 posts)
22. That still leaves open whether he's a "natural born citizen"
Thu Jan 14, 2016, 01:35 PM
Jan 2016

As I noted on another thread, children of US citizens who are born abroad become US citizens by law but not by birth. So if his mother didn't become a Canadian citizen, he could be a US citizen but not a natural born citizen.

starroute

(12,977 posts)
32. Here is the US statute
Thu Jan 14, 2016, 01:56 PM
Jan 2016

Note that it refers to "automatic acquisition of citizenship after birth." The implication is that the child is not a "natural born citizen' but becomes one automatically after they are born. It also seems to be saying that a child born abroad is not a US citizen unless and until they become a legal permanent resident while still under the age of 18 and in the custody of the US citizen parent.

This is the most recent version of the law, but I checked it out a couple of weeks ago and there are only minor differences from when Cruz was born.

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter4.html

Volume 12 – Citizenship & Naturalization, Part H – Children of U.S. Citizens
Chapter 4 – Automatic Acquisition of Citizenship after Birth (INA 320)

A. General Requirements: Genetic, Legitimated, or Adopted Child Automatically Acquiring Citizenship after Birth​ ​

A child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met on or after February 27, 2001:​

​•The child has at least one parent, including an adoptive parent​ who is a U.S. citizen by birth or through naturalization;​

•The child is under 18 years of age;​

​•The child is an LPR; and​

​•The child is residing in the United States in the legal and physical custody of the U.S. citizen parent.​

Boxturtle

(42 posts)
35. Does Cruz meet these residency requirements?
Thu Jan 14, 2016, 03:10 PM
Jan 2016

If not, it appears that it doesn't matter that his mother was a U.S. citizen, because that is only one of the criteria.

 

anigbrowl

(13,889 posts)
47. Considering Cruz was born in 1970 this hardly seems relevant
Thu Jan 14, 2016, 08:49 PM
Jan 2016

It's a common error in legal matters to refer to the current code rather than the one that was in force at the time of a relevant event, such being born. Immigration laws have been through several major rewrites since 1970 so you should not extrapolate from today's rules.

starroute

(12,977 posts)
57. This is why I said I'd seen earlier versions and they hadn't changed much
Thu Jan 14, 2016, 11:36 PM
Jan 2016

There's a chart of the changes at http://www.greencardlawyers.com/citizenship/citizenbybirth.html#Chart%20to%20Determine%20Citizenship%20Rules

The 1952-86 version says, "If one parent is a U.S. citizen, the U.S. citizen parent must have resided in the U.S. for 10 years, at least 5 of which were after age 14."

The 1986-present version says, "If one parent is a U.S. citizen, the U.S. citizen parent must have resided in the U.S. for 5 years, at least 2 of which were after age 14."

There were also provisions added in 1986 concerning children born out of wedlock, but I don't see any other changes. A detailed rundown can be found at http://www.state.gov/documents/organization/86757.pdf

So as far as I know, the language about "acquiring" citizenship at the point of becoming a legal permanent resident remains unchanged.

jeff47

(26,549 posts)
28. Yes, they become citizens by birth.
Thu Jan 14, 2016, 01:42 PM
Jan 2016

They were born to a US citizen, therefore they are US citizens the moment they are born.

So if his mother didn't become a Canadian citizen, he could be a US citizen but not a natural born citizen.

Becoming a Canadian citizen does not automatically revoke US citizenship. You have to formally renounce your US citizenship to lose it.

jeff47

(26,549 posts)
24. You have to formally renounce your US citizenship to lose it.
Thu Jan 14, 2016, 01:37 PM
Jan 2016

It is not automatically lost if you are granted citizenship to another country.

yellowcanine

(35,699 posts)
14. Facebook posts are now definitive citations?
Thu Jan 14, 2016, 01:04 PM
Jan 2016

Who knew? So, instead of doing all of that Constitution research and such, I can just check out Facebook? Cool.

guillaumeb

(42,641 posts)
29. You left out, or missed one quite important point.
Thu Jan 14, 2016, 01:46 PM
Jan 2016

Cruz's mother is a US citizen. Canadian law does not require that one renounce foreign citizenship to become a Canadian citizen. Unless you can show that Cruz's mother renounced her US citizenship that makes Cruz a dual citizen. Or made him a dual citizen.

2naSalit

(86,569 posts)
33. I wish I had the citation...
Thu Jan 14, 2016, 01:57 PM
Jan 2016

but I did see one of his former Harvard Law profs state that the question of what "natural born citizen" actually means and it hasn't been fleshed out in the courts regarding this situation and Cruz in particular. It's still unresolved as to whether he's qualified to run for president. I saw some video this past week an interview with this prof. who was also one of Obama's profs.

Adsos Letter

(19,459 posts)
34. "I'm not going to engage in a legal debate.”
Thu Jan 14, 2016, 02:49 PM
Jan 2016

Au contraire, Senator, I think you're about to have more of a debate than you could ever possibly want.

 

Jim Lane

(11,175 posts)
36. This assumes, incorrectly, that there is no such thing as dual citizenship.
Thu Jan 14, 2016, 03:56 PM
Jan 2016

To take one famous example: Suppose there was a child born in Hawaii in 1961 to a US citizen mother and a UK citizen father from Kenya (which at that time was still a British colony, not an independent nation). Under US law, that child is a US citizen. But UK law also comes into play. IIRC the child would be a UK citizen but would lose that citizenship by not fulfilling UK residency requirements before the age of 21.

A perhaps clearer example: Two natural-born US citizens temporarily move to Canada, never do anything about Canadian citizenship, but while there they have a child. Shortly after the child's birth they move back to the US. Under the laws of the two nations, it's completely clear that the child is a US citizen at birth (because the US allows citizenship by ius sanguinis, the law of the blood) and a Canadian citizen at birth (because Canada allows citizenship by ius soli, the law of the soil).

Neither country's law can override the other's. Each country sets its own rules for determining citizenship. Nothing Canada does can deprive a person of US citizenship, even if the person was born in Canada.

UCmeNdc

(9,600 posts)
65. Both parents applied for and received Canadian citizenship under Canadian Naturalization laws
Fri Jan 15, 2016, 06:05 AM
Jan 2016

That means she gave up her US citizenship to become Canadian

Ted Cruz was born after that.

DFW

(54,363 posts)
49. Very relevant thread for me
Thu Jan 14, 2016, 09:01 PM
Jan 2016

Last edited Fri Jan 15, 2016, 06:30 AM - Edit history (1)

Both my daughters were born in Germany, and their mother is German. I called the US embassy immediately and asked what I had to do to ensure they got US citizenship as well. I got all the documents they required, and was at the embassy within days. In less than an hour, in each case, I walked out with their US birth certificates, US passports and Social Security numbers.

I hold only US citizenship, so that part was not in dispute, and the fact that their mother was German didn't even raise an eyebrow. I guess a few decades of US personnel being stationed in Germany made that part seem pretty much routine. So far, they have retained their dual citizenship with no problem (they do not intend to run for office anywhere). It has proved a huge boon, as one now lives and works in the USA and the other lives and works in Germany. No problem with residence or working permits. If either one decides to run for president, I'll let you know. Don't hold your breath, though. They're pretty happy doin' their thing.
[URL=.html][IMG][/IMG][/URL]

Response to DFW (Reply #49)

 

lumberjack_jeff

(33,224 posts)
54. Good article, but it's not incumbent on any of us to prove the negative.
Thu Jan 14, 2016, 09:15 PM
Jan 2016

It's incumbent on Ted to prove that, in 1970, his mom was a US citizen.

With a few exceptions, anyone with U.S. citizenship will retain it for life. The exceptions include when one of the following takes place:
The U.S. immigration authorities revoke the person’s naturalized citizenship. Called “denaturalization,” this will happen only if you obtained your citizenship illegally in the first place, through fraud or concealment of a material fact, or willful misrepresentation.
The person does something that falls under the U.S.’s “loss of nationality” statute. This is found at Section 349 of the Immigration and Nationality Act.) An important thing to notice about this statute is that it contains some wiggle room: The person who performs the relevant act must do so “with the intention of relinquishing United States nationality” in order to lose citizenship. Here’s what the statute lists as acts that might result in loss of U.S. nationality:
Becoming a naturalized citizen of another country after age 18. Because you were apparently a Guatemalan citizen by birth rather than naturalization, this wouldn’t apply to you. (And in any case, there’s that “intention” element of the statute; the very reason that many people can become dual citizens of the U.S. and another country.)


http://www.nolo.com/legal-encyclopedia/can-naturalized-us-citizen-lose-citizenship-living-another-country.html

Setting aside his detestable politics, I would have concerns about electing anyone with such a tenuous link to the country.
 

lumberjack_jeff

(33,224 posts)
61. Yes, tenuous.
Fri Jan 15, 2016, 12:57 AM
Jan 2016

"I am definitely a Canadian, born in Canada to a naturalized Canadian father who was born in Cuba, and a naturalized Canadian mom who claims to have once been an American."

Yes, tenuous. Absent something better than family folklore and a belief that mom didn't really mean it when she pledged allegiance to Canada, his citizenship AT ALL is in question, let alone "natural-born".

Samantha

(9,314 posts)
63. That is what I was wondering
Fri Jan 15, 2016, 02:54 AM
Jan 2016

It is not clear that his Mom had both US and Canadian citizenship when Ted was born. But if he renounced his Canadian citizenship and he had no US citizenship, doesn't that make him a man without a country? And one has to be a US citizen in order to be a Senator??? So Ted Cruz must have had a reason to believe he was a US citizen or he would not have renounced his Canadian citizenship. I read above that a person can be stripped of their US citizenship if they choose to become a citizen of another Country after the age of 18 (I believe that it what I read) but I am pretty sure not everyone is.

And then there is this: my brother worked for the State Department and was in England during the time two of his three children were born. I asked about their citizenship at that time, and my brother told me they would carry dual citizenship until they were 18, and then they had to choose which citizenship they wanted to retain.

On the other hand, my daughter, clearly an American citizen, born in Washington, DC of two American parents married a man from Chile. They had two children and spend most of the school year here, but have spent summers there and time at Christmas. They have bought property there and will be putting a second home on the land. My daughter told me she was going to apply for citizenship in Chile some time ago. They want their children to be totally at home with the American culture and the Chilean culture. I believe they both carry dual citizenships, but I am going to be checking all of this out this week, just to get the facts straight.

This thing with Cruz is a maze. The whole thing seems to rest on whether his mother was able to retain her US citizenship but of course you have that quote "a naturalized Canadian mom who claims to have once been an American."

So where does this leave Ted Cruz if she surrendered her US citizenship? As a man not eligible to run for President or to be a Senator...????

Sam

 

B Calm

(28,762 posts)
62. The constitution states natural born citizens. Funny how republicans can read the 2nd amendment
Fri Jan 15, 2016, 01:01 AM
Jan 2016

and twist it too.

UCmeNdc

(9,600 posts)
66. Ted to "renounce his Canadian citizenship"
Fri Jan 15, 2016, 07:21 AM
Jan 2016

“He's a Canadian,” said Toronto lawyer Stephen Green, past chairman of the Canadian Bar Association's Citizenship and Immigration Section.
“Generally speaking, under the Citizenship Act of 1947, those born in Canada were automatically citizens at birth unless their parent was a foreign diplomat, ”said ministry spokeswoman Julie Lafortune.

Legal counsel advises Ted to "renounce his Canadian citizenship" in order to make himself eligible to run for the presidency. Of course, renouncing one's original citizenship only further proves one's original citizenship.


Ted Cruz is a Canadian citizen trying to pose as a US citizen. Well as a naturally born US citizen.

DrDan

(20,411 posts)
68. is that 196X entry (in bold) where cruz's parent applied for and received Canadian citizenship in
Fri Jan 15, 2016, 09:47 AM
Jan 2016

the cited post?

Just curious as to why you would modify the "original"

Don't believe it is.

Sunlei

(22,651 posts)
73. If his Mom really was an American citizen she retains that for life. period.
Fri Jan 15, 2016, 01:05 PM
Jan 2016

Americans can be duel citizens. probably should check his Mothers birth certificate

UCmeNdc

(9,600 posts)
81. Not if she asked to be a Canadian Citizen and Canada said she must give up her US Citizenship
Fri Jan 15, 2016, 04:12 PM
Jan 2016

Some countries demand you give up your original country citizenship to become a citizen of that country. I believe the United States makes you give up your citizenship if you ask to become a citizen of the United States.

DrDan

(20,411 posts)
82. did that happen? did she really apply for Canadian citizenship?
Fri Jan 15, 2016, 04:16 PM
Jan 2016

that entry in your OP where she (and her husband) apply and was granted citizenship in the late 60's does not appear in the source you cited - was it added?

UCmeNdc

(9,600 posts)
84. That seems to be the big question
Fri Jan 15, 2016, 04:22 PM
Jan 2016

Some say yes she did

But no one shows the documents, They just hint at the 1968- 1969 time frame.

 

Jenny_92808

(1,342 posts)
91. Cruz Birth Certificate...
Sat Jan 16, 2016, 09:56 PM
Jan 2016

Rafael Edward Cruz
BORN Calgary, Alberta, Canada
DOB December 22, 1970

Birth Certificate - Record No. 70-08-032264
http://www.dallasnews.com/news/politics/headlines/20130818-ted-cruz-born-a-citizen-of-canada-under-the-countrys-immigration-rules.ece

Father
Rafael Bienvenido Cruz (US naturalized 2005)
Born - Matanzas, Cuba

Mother
Eleanor Elizabeth Wilson
Born - Wilmington, Delaware

briv1016

(1,570 posts)
131. I think she's still around.
Sun Jan 17, 2016, 03:53 AM
Jan 2016

Wasn't she in a few of those awkward "say nice things about me" videos he released a few weeks ago? According to Wikipedia his parents divorced in 97'.

SickOfTheOnePct

(7,290 posts)
116. Incredible, isn't it?
Sat Jan 16, 2016, 11:28 PM
Jan 2016

And the Cruz birthers aren't about to let facts get in their way, because they have a Facebook post that is the definitive answer to all Cruz citizenship questions.

X_Digger

(18,585 posts)
119. Next I'm expecting them to try to claim that some rethug candidate was born via cesarean.
Sat Jan 16, 2016, 11:31 PM
Jan 2016

Hence, not 'natural born'.

SickOfTheOnePct

(7,290 posts)
124. Yep
Sat Jan 16, 2016, 11:48 PM
Jan 2016

One poster has posted twice or more text from an immigration law, claiming that it says Cruz had to be naturalized...leaving out the title of the section, which states it relates to cases where a child born outside of the U.S. would automatically be granted citizenship, and ignoring the fact that when "naturalization" is mentioned in the section of law, it is referring to the alien parent, not the citizen child.

UCmeNdc

(9,600 posts)
133. Yes since Ted Cruz believers hate Canadians
Sun Jan 17, 2016, 05:42 PM
Jan 2016

Let Ted Cruz have to go before them, his followers, and prove he is not Canadian. I wonder how much support he will have if they even suspect he is possibly a Canadian Citizen. By the way, he still has not proven he isn't Canadian.

What goes around comes around.......

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