General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsTed 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/
KamaAina
(78,249 posts)This is the weak link. This needs to be fleshed out with details.
7wo7rees
(5,128 posts)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)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)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)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)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)Canada does not recognize dual citizenship so she would have had to relinquish it.
jberryhill
(62,444 posts)a la izquierda
(11,791 posts)403Forbidden
(166 posts)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.
underahedgerow
(1,232 posts)kay1864
(5,064 posts)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)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)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)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)... 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)Jenny_92808
(1,342 posts)... 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)He was born an American citizen, as the story you linked to states at the beginning.
TipTok
(2,474 posts)Shameful...
earthside
(6,960 posts)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)... 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.
Jenny_92808
(1,342 posts)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
Orsino
(37,428 posts)..or that "natural born" must mean "of only one country," the whole argument seems irrelevant.
Jenny_92808
(1,342 posts)....born on US soil or territory. This requirement disqualifies Rafael.
Orsino
(37,428 posts)Birthright citizenship can be a different animal.
jeff47
(26,549 posts)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.
Flying Squirrel
(3,041 posts)Since Wilmington has no record of her birth
jeff47
(26,549 posts)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)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)Somehow, I don't think so.
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)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)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)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)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)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)anigbrowl
(13,889 posts)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.
SickOfTheOnePct
(7,290 posts)Cruz released it last week.
anigbrowl
(13,889 posts)(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)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)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)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)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)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)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)not produced this document? He was certainly proud of his Canadian birth certificate. DS-1350 or FS-240, please.
Jenny_92808
(1,342 posts)...Canadian laws were different. Canada would not naturalize you unless you renounce your citizenship to any other country.
SickOfTheOnePct
(7,290 posts)It doesn't appear that his mother was in Canada for five years prior to his birth.
Jenny_92808
(1,342 posts)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
SickOfTheOnePct
(7,290 posts)The law in effect in the 1970s required five years of residency.
Jenny_92808
(1,342 posts)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
KamaAina
(78,249 posts)SickOfTheOnePct
(7,290 posts)mahatmakanejeeves
(57,413 posts)I guess you just can't believe anything you read on the Internet.
UCmeNdc
(9,600 posts)It should not be to hard to find Cruz's actual Canadian Birth Certificate
These papers must exist somewhere.
jeff47
(26,549 posts)His mother retained US citizenship unless she formally renounced her US citizenship. Gaining Canadian citizenship does not automatically revoke US citizenship.
DhhD
(4,695 posts)Vogon_Glory
(9,117 posts)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)Is there any evidence that she did? I mean actual evidence.
csziggy
(34,136 posts)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
anigbrowl
(13,889 posts)csziggy
(34,136 posts)But as said in the article, that could mean the canvasser took down the wrong information.
SickOfTheOnePct
(7,290 posts)Herman4747
(1,825 posts)SickOfTheOnePct
(7,290 posts)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)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)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/
SickOfTheOnePct
(7,290 posts)WillowTree
(5,325 posts)stone space
(6,498 posts)SwankyXomb
(2,030 posts)Eleanor Elizabeth Darragh was born in Delaware.
sharp_stick
(14,400 posts)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)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)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)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)jeff47
(26,549 posts)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)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)If he were natural born, it would not matter whether his parents were US citizens, or not.
jeff47
(26,549 posts)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)As citizens of the states when Constitution was adopted.
sharp_stick
(14,400 posts)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)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)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.
sharp_stick
(14,400 posts)and by what legal definition did it come from?
starroute
(12,977 posts)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)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)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)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)They were born to a US citizen, therefore they are US citizens the moment they are born.
Becoming a Canadian citizen does not automatically revoke US citizenship. You have to formally renounce your US citizenship to lose it.
hedgehog
(36,286 posts)jeff47
(26,549 posts)It is not automatically lost if you are granted citizenship to another country.
madokie
(51,076 posts)Teddy boy would be bad for us here in the USA.
H2O Man
(73,536 posts)Recommended.
yellowcanine
(35,699 posts)Who knew? So, instead of doing all of that Constitution research and such, I can just check out Facebook? Cool.
guillaumeb
(42,641 posts)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)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)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)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.
SickOfTheOnePct
(7,290 posts)Theory is off the rails from the get go
underahedgerow
(1,232 posts)Not real difficult.
UCmeNdc
(9,600 posts)That means she gave up her US citizenship to become Canadian
Ted Cruz was born after that.
SickOfTheOnePct
(7,290 posts)to prove your statement.
DrDan
(20,411 posts)DFW
(54,363 posts)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)
Name removed Message auto-removed
lumberjack_jeff
(33,224 posts)It's incumbent on Ted to prove that, in 1970, his mom was a US citizen.
The U.S. immigration authorities revoke the persons 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. Heres 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 wouldnt apply to you. (And in any case, theres 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.
SickOfTheOnePct
(7,290 posts)lumberjack_jeff
(33,224 posts)"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)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
SickOfTheOnePct
(7,290 posts)or one you just made up?
B Calm
(28,762 posts)and twist it too.
UCmeNdc
(9,600 posts)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.
B Calm
(28,762 posts)SickOfTheOnePct
(7,290 posts)403Forbidden
(166 posts)SickOfTheOnePct
(7,290 posts)DrDan
(20,411 posts)the cited post?
Just curious as to why you would modify the "original"
Don't believe it is.
Sunlei
(22,651 posts)Americans can be duel citizens. probably should check his Mothers birth certificate
UCmeNdc
(9,600 posts)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)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)Some say yes she did
But no one shows the documents, They just hint at the 1968- 1969 time frame.
DrDan
(20,411 posts)Sunlei
(22,651 posts)jberryhill
(62,444 posts)Jenny_92808
(1,342 posts)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
mainstreetonce
(4,178 posts)Is she still married to the father?
Where is she?
briv1016
(1,570 posts)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'.
X_Digger
(18,585 posts)I never thought I'd see this kind of crap at DU.
SickOfTheOnePct
(7,290 posts)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)Hence, not 'natural born'.
SickOfTheOnePct
(7,290 posts)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.
Gothmog
(145,130 posts)UCmeNdc
(9,600 posts)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.......