ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

View RSS Feed

Greg Siskind on Immigration Law and Policy

Canadian Ted Cruz is Eligible to Run For President

Rate this Entry
This new "controversy" amuses me. Texas Senator Ted Cruz was born in Canada to parents who were up there working in the oil industry. His mother is a native of the US and his father an immigrant from Cuba. The Constitution only permits "natural born" citizens to become President, but the term has never been defined. Most legal scholarship on the subject holds that anyone considered a citizen at birth would be eligible versus someone who naturalizes. Indeed, there was a very well-documented Congressional Research Service report on this subject in 2009 that supported this conclusion.

Cruz's mother is a native of Delaware. His father, a Cuban native, became a naturalized citizen in 2005. That makes a difference here because to automatically transmit citizenship when there is one parent who is a US citizen and the other parent is not, the US citizen parent must have resided for ten years in the US, five of which were after the age of 14. This is the rule for people born abroad between 1952 and 1986. After that date, it was only a two year residence requirement. So let's say for the sake of discussion that both of his parents were immigrants and only moved to the US as adults. Then citizenship would not transfer automatically and Cruz would have a problem. As long as Cruz's mother was over the age of 19 when she had Senator Cruz, there shouldn't be an issue. And while I don't know her age, she is four years older than Cruz's father so it seems extremely unlikely that she wasn't at least 19.

It also doesn't matter that Cruz is apparently automatically a dual citizen of Canada because of his being born there. The 1939 Supreme Court case Perkins v. Elg settled that question. It may be a political liability, however. Michele Bachman, the GOP presidential candidate in 2012, ended up renouncing her Swiss citizenship to make that controversy go away.

By the way, if the birthers were actually correct and President Obama wasn't born in the US (which is a ridiculous claim, of course), he would have had a problem since his mother was only 18 when he was born.

Submit "Canadian Ted Cruz is Eligible to Run For President" to Facebook Submit "Canadian Ted Cruz is Eligible to Run For President" to Twitter Submit "Canadian Ted Cruz is Eligible to Run For President" to Google Submit "Canadian Ted Cruz is Eligible to Run For President" to StumbleUpon Submit "Canadian Ted Cruz is Eligible to Run For President" to Reddit Submit "Canadian Ted Cruz is Eligible to Run For President" to Digg Submit "Canadian Ted Cruz is Eligible to Run For President" to del.icio.us

Updated 08-19-2013 at 12:51 PM by GSiskind

Tags: None Add / Edit Tags

Comments

  1. George Chell's Avatar
    There are some birthers who I ran into recently believe that President Obama was born in Kenya but adopted by his parents.
  2. George Chell's Avatar
    GOP family values for white people only.....

    http://www.huffingtonpost.com/2013/08/19/scott-desjarlais-father-deported_n_3780107.html
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: