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View Diary: Canadian Ted Cruz releases his "birth certificate" (44 comments)

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  •  Josh Marshall, who is consistently wrong (5+ / 0-)

    when he says anything about immigration law, claims positively on his website that the fact that Cruz was born overseas to a U.S. citizen mother automatically makes him a "natural born citizen."

    Maybe, maybe not.  It's more complicated than that.  It depends on the date of birth and many also depend on the mother's age and years of residence in the United States.

    So Marshall is full of it.  Maybe Cruz is a natural born citizen, but if so, not for the reason given by Marshall.

    U.S. nationality statutes are very complex and "legalistic" and must be carefully studied.  I may do a short diary on this after checking the statutes.

    For example, if Barack Obama had been born outside of the United States, he would not have been a U.S. citizen at birth, because his U.S. citizen mother was not old enough.  This does not matter, of course, because he was born in the United States.

    •  Umm, how's that? (4+ / 0-)
      Recommended by:
      Gooserock, Loge, Catte Nappe, mayim
      the fact that Cruz was born overseas
      Just saying, what sea does one have to cross to get to Calgary?
    •  I just can't comprehend that last part. (0+ / 0-)

      What does my age at the time that I became a parent have to do with the U.S. citizenship of my child.

      The Certification of Report of Birth of a United States Citizen

      AND

      The  Consular report of Birth Abroad of a Citizen of the United States of America

      were issued without any concern for my age.

      This better be good. Because it is not going away.

      by DerAmi on Mon Aug 19, 2013 at 08:46:21 AM PDT

      [ Parent ]

      •  No, they were not issued without concern (2+ / 0-)
        Recommended by:
        Catte Nappe, mayim

        for your age (in all likelihood); that detail just isn't on the child's certificate.

        As I said, birth outside the United States to a U.S. citizen mother does NOT automatically confer citizenship.

        It depends on the date of the birth, the age of the mother, and the duration of her residence in the United States.

        The law is complicated and it has changed several times.  So you just have to look it up.

        Here are some of the rules:

        For persons born between December 24, 1952 and November 14, 1986, a person is a U.S. citizen if all of the following are true:[8]

            The person's parents were married at the time of birth
            One of the person's parents was a U.S. citizen when the person was born
            The citizen parent lived at least ten years in the United States before the child's birth;
            A minimum of 5 of these 10 years in the United States were after the citizen parent's 14th birthday.

        •  Okay, the law has been changed. (0+ / 0-)

          This will be interesting to see if any clarification comes of all of this because of Cruz running in the GOP primary.

          Are you infering that the gender of the parent is an issue?

          I do not wish to disclose my case here (or my children's case as it would be).

          Thanks, Timaeus.

          This better be good. Because it is not going away.

          by DerAmi on Mon Aug 19, 2013 at 09:48:15 AM PDT

          [ Parent ]

          •  Yes, at times the parent's gender has been very (0+ / 0-)

            important.  I don't do many nationality cases, so I can't remember whether that still makes a difference or not.  As you might imagine, the law was historically tilted in favor of males.

            •  Sure, it's important, citizenship of mom. Because (0+ / 0-)

              until the second world war or thereabouts, sometime after 1936, a naturalized US woman citizen would automatically lose her citizenship if the man she married was not a citizen. Born here, not so.  It happened to my grandma. Another had to do with when one's father came to the US, which made one of my childhood neighbors have to apply for citizenship in her fifties when it was discovered that she had been born in Canada, but her father had come to the US and been naturalized  after rather than before he was a certain age. In citizenship not arising from birth here, gender has long been important.  

    •  He has dual citizenship (0+ / 0-)

      There seems to be no doubt about his American citizneship, via his mother. Of course, there remains the issue of "natural born" for those tea party birthers who object to someone not being born on the US mainland, but that's their problem. What good ol' Ted needs to do, post haste, is publicly file his renunciation of Canadian citizneship.

      “Texas is a so-called red state, but you’ve got 10 million Democrats here in Texas. And …, there are a whole lot of people here in Texas who need us, and who need us to fight for them.” President Obama

      by Catte Nappe on Mon Aug 19, 2013 at 10:26:40 AM PDT

      [ Parent ]

      •  I want to know if his mother (1+ / 0-)
        Recommended by:
        Catte Nappe

        was a legal resident of Canada the entire time she was there. And I want to know if his father was a legal resident the whole time he was there. And I want to know if they ever carelessly invited the Castros over for dinner. Ted's dad wasn't real quick about figuring out who the bad guys were. Not that Batista was a good guy--but he wasn't a commie.

      •  You can't say that. As I keep saying, we don't (1+ / 0-)
        Recommended by:
        Catte Nappe

        have enough information yet to know that he automatically acquired U.S. citizenship at birth through his mother.  That depends on his mother's age on his date of birth, how long she had previously resided in the United States, and how many of her years of residence in the United States were after the age of 14.

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