Ted Cruz is a U.S. citizen at birth, natural born is a different questionby LAWRENCE SELLIN, PHD
January 14, 2016
According to Public Law 414, June 27, 1952, An Act: To revise the laws relating to immigration, naturalization, and nationality and for other purposes [H.R. 5678], Title III Nationality and Naturalization,
Chapter 1 – Nationality at Birth and by Collective naturalization; Nationals and citizens of the United States at birth, the relevant section being:SEC. 301. (a) The following shall be nationals and citizens of the United States at birth: (7) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than ten years, at least five of which were after attaining the age of fourteen years:
Provided That any periods of honorable service in the Armed Forces of the United States by such citizen parent may be included in computing the physical presence requirements of this paragraph.With the stipulation that:(b) Any person who is a national and citizen of the United States at birth under paragraph (7) of subsection (a), shall lose his nationality and citizenship unless he shall come to the United States prior to attaining the age of twenty-three years and shall immediately following any such coming be continuously physically present in the United State for at least five years:
Provided That such physical presence follows the attainment of the age of fourteen years and precedes the age of twenty-eight years.Ted Cruz fulfilled those requirements and is, therefore, a US citizen at birth and meets the Constitutional test outlined in the Supreme Court decision Rogers v. Bellei, 401 U.S. 815 (1971)
.According the Department of State, Ted Cruz’s parents should have applied at a US Consulate for a Consular Report of Birth Abroad of a Citizen of the United States of America (CRBA) and/or a U.S. passport to have registered him as a U.S. citizen. Failure to promptly document a child who meets the statutory requirements for acquiring U.S. citizenship at birth may cause problems for the parents and the child when attempting to establish the child’s U.S. citizenship and eligibility for the rights and benefits of U.S. citizenship, including entry into the United States.
By law, U.S. citizens, including dual nationals, must use a U.S. passport to enter and leave the United States.Ted Cruz has not released any documents directly related to how and when he obtained US citizenship.Being a US citizen at birth does not necessarily make you a “natural born citizen” and eligible for the Presidency. Article 1 Section 8 of the Constitution states that Congress shall have the power to establish a uniform rule of naturalization.
That raises the question whether Ted Cruz can be a “natural born citizen” at all if he obtained citizenship through an act of Congress, which regulates naturalization?The definition of “natural born citizen” itself is presently disputed depending on whether you make an………….MORE!!!!!!!!!!!!
Source: Family Security Matters