Felito Cruz – Canadian by Birth

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.

CRUZ

Among those running for president of the United States is one Rafael Edward “Felito” (Ted) Cruz, currently a US Senator from Texas. There is a problem with Cruz’ candidacy – he was born in Calgary, Alberta on December 22, 1970 and lived there until age 4, at which time his mother took him and moved to Houston, Texas to rejoin his father, Rafael Beinvenido Cruz, who had previously abandoned his family and fled to Houston, but who had experienced a religious conversion and decided he wanted his family back.

Cruz is not the first presidential candidate who’s had Constitutional problems due to having been born outside the United States. The most recent was Arizona Senator John McCain, who was born on a US military base in the Canal Zone, which at the time was a US possession (Jimmy Carter gave it to Panama in 1979.) Furthermore, his father was in the Canal Zone on assignment with the US Navy. Unresolved questions of the birthplace of President Barack Obama have been raised, but no proof was ever offered that he was born anywhere other than Hawaii. Michigan Governor George Romney was born in Mexico but he withdrew from the 1968 presidential race before the question of his birth had been resolved. As it stands currently, although a number of “experts” have offered their opinion that a child born outside the United States to US citizen parents is “natural born,” the matter has yet to actually be resolved.

Actually, the matter is quite simple – when interpreting a document, whether it’s the US Constitution or the King James Bible, it must be taken literally. Anything else is a “liberal” interpretation, meaning the interpretation is left up to the interpreter. Using a liberal interpretation, a document can be interpreted to mean anything. There’s no doubt what the Founders meant when they inserted the words “natural born” into Article II of the Constitution – only someone born in what had been the British Colonies was eligible to be president at the time and future presidents had to be born in the United States. The 1790 Naturalization Law stated that children born abroad to US citizens were “natural born citizens” but the law was superseded five years later and the phrase was changed to simply “citizens.” Yet even though the law was superseded, liberals point to it as proof that children born to American citizens abroad are “natural born.” However, this theory is not supported by any actual rulings. There have been rulings regarding the status of children born in the US and its territories to aliens – they are natural born citizens – but not the status of children born outside of US jurisdiction other than that they are citizens. However, there are qualifications (the following is current law, as established in 2000, Cruz was born in 1970):

“Citizenship Through Parents

There are two general ways to obtain citizenship through U.S. citizen parents, one at birth and one after birth but before the age of 18.  The term “parents” includes:  the genetic father, the genetic mother, and the non-genetic gestational mother, if she is the legal parent at the time of birth under the law of the relevant jurisdiction.  For more information, see USCIS Policy Manual guidance on Children of U.S. Citizens.

Citizenship at Birth for Children Born Outside the U.S. and its Territories

For information on who qualifies as a “child” for citizenship purposes, see USCIS Policy Manual guidance on Children of U.S. Citizens.

In a general, a Child Born Outside the U.S. is a Citizen at Birth when the Child’s Parents Are Married to each other at the Time of Birth IF… AND…
Both parents are U.S. citizens at the time of birth, At least one parent lived in the U.S. or its territories prior to the birth.
One parent is a U.S. citizen at the time of birth and the birthdate is on or after November 14, 1986 The U.S. citizen parent had been physically present in the U.S. or its territories for a period of at least five years at some time in his or her life prior to the birth, of which at least two years were after his or her 14th birthday.

If the U.S. citizen parent spent time abroad in any of the following three capacities, this can also be counted towards the physical presence requirement:

  • Serving honorably in the U.S. armed forces;
  • Employed with the U.S. government; or
  • Employed with certain international organizations.

Additionally, time spent abroad by the U.S. citizen parent while the U.S. citizen parent was the unmarried son or daughter and a member of the household of a person who meets any of the three conditions listed above can also be counted.

In general, a Child Born Outside the U.S. is a Citizen at Birth when the Child’s Parents Are Not Married to each other at the Time of Birth…IF  AND…
The genetic or non-genetic gestational legal mother  is a U.S. citizen at the time of birth, and the birth date is after December 23, 1952 The mother had previously been physically present in the United States or one of its outlying possessions for a continuous period of at least one year.
The genetic father is a U.S. citizen at the time of birth, the mother is an alien, and the birthdate is on or after November 14, 1986
  • A blood relationship between the person and the father is established by clear and convincing evidence,
  • The father had the nationality of the United States at the time of the person’s birth,
  • The father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and
  • While the person is under the age of 18 years one of the following occurs:
    • The person is legitimated under the law of the person’s residence or domicile
    • The father acknowledges paternity of the person in writing under oath, or
    • The paternity of the person is established by adjudication of a competent court, and

The U.S. citizen parent was physically present in the U.S. or its territories for a period of at least 5 years at some time in his or her life prior to the birth, at least 2 of which were after his or her 14th birthday.
If the U.S. citizen parent spent time abroad in any of the following three capacities, this can also be counted towards the physical presence requirement:

  • Serving honorably in the U.S. armed forces;
  • Employed with the U.S. government; or
  • Employed with certain international organizations.

Additionally, time spent abroad by the U.S. citizen parent while the U.S. citizen parent was the unmarried son or daughter and a member of the household of a person who meets any of the three conditions listed above can also be counted.

 

Automatic U.S. Citizenship After Birth – But Before the Age of 18

A Child Born Outside the U.S. is a Citizen after Birth IF… AND…
The child was under 18 or not yet born on February 27, 2001 At least one parent is a U.S. citizen, the child is currently under 18 and residing in the U.S. in the legal and physical custody of the U.S. citizen parent pursuant to lawful admission for permanent residence.
The child was under 18 from December 24, 1952 to February 26, 2001 The child was residing as a Green Card holder in the U.S. and both parents naturalized before the child’s 18th birthday; OR

  • If one parent died, that the surviving parent naturalized before the child turned 18.
  • If the parents legally separated, that the parent maintaining legal and physical custody naturalized before the child turned 18.
  • If the child was born out of wedlock and paternity has not been established by legitimation, the mother naturalized before the child turned 18.

NOTE:  The order in which the child meets the conditions does not matter so long as the child meets all the conditions before his or her 18th birthday.

 

A. General Requirements for Acquisition of Citizenship at Birth​

A person born in the United States who is subject to the jurisdiction of the United States is a U.S. citizen at birth, to include a person born to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe.​ [1] See INA 301(a) and INA 301(b). Children of certain diplomats who are born in the United States are not U.S. citizens at birth because they are not subject to the jurisdiction of the United States. See 8 CFR 101.3.

In general, a person born outside of the United States may acquire citizenship at birth if:​

•The person has at least one parent who is a U.S. citizen; and​

•The U.S. citizen parent meets certain residence or physical presence requirements in the United States or an outlying possession prior to the person’s birth in accordance with the pertinent provision.​ [2] Any time spent abroad in the U.S. armed forces or other qualifying organizations counts towards that physical presence requirement. See INA 301(g).

A person born abroad through Assisted Reproductive Technology (ART) to a U.S. citizen gestational mother who is not also the genetic mother acquires U.S. citizenship at birth under ​INA 301​ or ​INA 309​ if:​

•The person’s gestational mother is recognized by the relevant jurisdiction as the child’s legal parent at the time of the person’s birth; and​

•The person meets all other applicable requirements under either ​INA 301​ or ​INA 309​.​ [3] For a more thorough discussion, see Chapter 2, Definition of Child for Citizenship and Naturalization, Section E, Child Born Abroad through Assisted Reproductive Technology [12 USCIS-PM H.2(E)].

The preceding is from the Customs and Immigrations Service. Note that in Paragraph A of the excerpt from the USCIS web site defines the citizenship of children born in the United States, then goes on to state that children born outside the US “may acquire” citizenship under certain conditions. In short, a child born in the Unites States is a citizen because of their birth while those born abroad are able to obtain citizenship. However, their citizenship is not automatic. The parent (or the child) has to apply for it prior to age 18. (The age requirement is found in the referenced documents.)

Felito was born in 1970, at which time the following applied:

INA: ACT 320 – Children born outside the United States and residing permanently in the United States; conditions under which citizenship automatically acquired 1/

Sec. 320. [8 U.S.C. 1431] (a) A child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled:
(1) At least one parent of the child is a citizen of the United States, whether by birth or naturalization.
(2) The child is under the age of eighteen years.
(3) The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence.
(b) Subsection (a) shall apply to a child adopted by a United States citizen parent if the child satisfies the requirements applicable to adopted children under section 101(b)(1) .
This Act has since been superseded by the following:

SEC. 101. AUTOMATIC ACQUISITION OF CITIZENSHIP FOR CERTAIN CHILDREN BORN OUTSIDE THE UNITED STATES.

(a) IN GENERAL- Section 320 of the Immigration and Nationality Act (8 U.S.C. 1431) is amended to read as follows: 
“CHILDREN BORN OUTSIDE THE UNITED STATES AND RESIDING PERMANENTLY IN THE UNITED STATES; CONDITIONS UNDER WHICH CITIZENSHIP AUTOMATICALLY ACQUIRED
“SEC. 320. (a) A child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled:
“(1) At least one parent of the child is a citizen of the United States, whether by birth or naturalization.
“(2) The child is under the age of eighteen years.
“(3) The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission for permanent residence.

SEC. 102. ACQUISITION OF CERTIFICATE OF CITIZENSHIP FOR CERTAIN CHILDREN BORN OUTSIDE THE UNITED STATES.

(a) IN GENERAL- Section 322 of the Immigration and Nationality Act (8 U.S.C. 1433) is amended to read as follows: 
CHILDREN BORN AND RESIDING OUTSIDE THE UNITED STATES; CONDITIONS FOR ACQUIRING CERTIFICATE OF CITIZENSHIP
“SEC. 322. (a) A parent who is a citizen of the United States may apply for naturalization on behalf of a child born outside of the United States who has not acquired citizenship automatically under section 320. The Attorney General shall issue a certificate of citizenship to such parent upon proof, to the satisfaction of the Attorney General, that the following conditions have been fulfilled:
“(1) At least one parent is a citizen of the United States, whether by birth or naturalization.
“(2) The United States citizen parent–
“(A) has been physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years; or
“(B) has a citizen parent who has been physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years.
“(3) The child is under the age of eighteen years.
        “(4) The child is residing outside of the United States in the legal and physical custody of the citizen parent, is temporarily present in the United     States pursuant to a lawful admission, and is maintaining such lawful status.
“(b) Upon approval of the application (which may be filed from abroad) and, except as provided in the last sentence of section 337(a), upon taking and subscribing before an officer of the Service within the United States to the oath of allegiance required by this Act of an applicant for naturalization, the child shall become a citizen of the United States and shall be furnished by the Attorney General with a certificate of citizenship.”
Now that the law has been established, let’s take a look at Felito’s history. Rafael Edward (Ted) Cruz is the son of Rafael Bienvenido Cruz and Eleanor Elizabeth (Darragh) Wilson. Cruz was born in Cuba and lived there until age 18 when he was accepted at the University of Texas in Austin, Texas and left the country after having supported Cuban revolutionary Fidel Castro. He married and had a couple of children then was divorced. While working for an oil company in New Orleans, he met Wilson, who was using her former husband’s name (without his knowledge.) She was a Delaware native who graduated from Rice University in Houston with a degree in mathematics. She and her first husband lived in London – where they were divorced. She got pregnant and had a child out of wedlock that died of crib death. British records show the child died in 1966. At some point after the child’s death, Wilson returned to the United States and ended up in New Orleans where she met Cruz.
Cruz and Wilson married and moved to Canada to pursue business interests. http://www.macleans.ca/politics/washington/ted-cruz-made-in-canada/. They were not transferred there by an American company. They initially worked for a Canadian company but soon started their own company. Their son Rafael Edward was born in Calgary on December 22, 1970. At the moment of his birth, Rafael became a Canadian citizen. He DID NOT, however become an American citizenship although by virtue of his mother’s citizenship he had the right to apply for and be granted American citizenship. As the rules posted above stipulate, in order for a child to become a citizen automatically, they had to be residing in the United States. The Cruz family was residing in Canada. Therefore, Felito’s mother had to apply for citizenship for her son. The  current procedure is for the parent to present evidence of her child’s birth to a US Consulate and request a “birth of child born abroad” certificate. http://www.state.gov/documents/organization/156216.pdf. However, this is current procedure as a result of amended law published in 2000. As noted above, when Cruz was born, in order for a child to be automatically granted citizenship, the parent had to be residing in the United States.
From all appearances, Rafael and Eleanor Cruz had emigrated to Canada, as evidenced by Rafael’s Canadian citizenship. Although he had lived in the United States for a decade, he had not become a US citizen. He became a Canadian citizen In 1973, four years after the couple moved there. The couple had a successful business and a reputation for partying. Although the details aren’t known, sometime in 1974 Rafael decided to abandon his family and left Calgary for Houston. Eleanor remained in Calgary with her child for several months. While he was in Houston, Rafael somehow became involved in a Bible study and left Catholicism and became a Baptist. His newfound faith led him to seek reconciliation with his wife and he returned to Canada and resumed his role in the family business. For some reason, Rafael decided they should relocate to the United States so he and Eleanor sold their shares in their business and left Calgary. (According to a former employee, Rafael was so wrapped up in business he had to drive Eleanor and the boy to the airport.) The family became involved in Baptist churches and Felito attended private Christian schools. He also got tired of being teased by his classmates – he was called names like Dorito and Cheeto – so he started telling everyone his name was Ted.
Although there is  no doubt Felito Cruz is an American citizen by virtue of his birth to an American citizen. the question is when he officially became one. It wasn’t until a Dallas newspaper published his Canadian birth certificate and revealed that he was a Canadian citizen that he acknowledged that he is Canadian. He then announced that he was renouncing his Canadian citizenship. http://time.com/2854513/ted-cruz-canadian-citizenship/. Cruz also claimed that he didn’t know he was a Canadian citizen (which is doubtful.) Cruz recently released his mother’s birth certificate but he has not released the Report of Birth Abroad that he would have to have in order to get a passport and otherwise prove his citizenship.  Did his mother go to a US Consul and have his birth recorded when he was born or did she wait until she returned to the United States with her husband in 1975 when the boy was four years old? Although he was entitled to citizenship, it wasn’t automatic. It had to be applied for. Which brings up to Ted (Felito) Cruz’ eligibility for the presidency.
Article II of the US Constitution states that a person must be “natural born” to be president of the United States. (The Constitution also states that a  vice-president must be natural born.) There is no doubt that a child born in the United States is natural born. The question is whether this term can also refer to children born on foreign soil to a citizen parent. Until the matter is settled by a Federal court, it is simply a matter of opinion and there is no doubt that it will have to be settled before Ted Cruz, or anyone else born on foreign soil (there are exceptions for citizenship to children of military personnel stationed on foreign soil) can assume the office.
Incidentally, Cruz claims that his birth is the same as that of a child born to a service member. By no stretch of the imagination would this be true. A service member is subject to the jurisdiction of the United States which sent him to foreign soil but Cruz’ mother had emigrated to Canada and had no connection to the United States. From all indications, neither she or her husband had any intention of returning to the United States until left her, then had a religious conversion and decided they should settle in Houston (probably because he wanted to be involved in Baptist churches.)
The irony is that Ted Cruz,  who graduated with honors from Harvard Law School, claims he is a Constitutional “originalist,” meaning he believes the Constitution should be interpreted as it was originally written. Yet when it comes to his personal desire to be president, he takes the liberal view. That makes Felito Cruz a hypocrite.

 

 

 

 

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Author: semcgowanjr

I am a native of West Tennessee but have lived in North Carolina, Georgia, South Carolina, Delaware, Tennessee, Arkansas, Virginia, Kentucky, Texas and Ohio and now live in Texas near Houston. Twelve years of my life were spent in the Air Force. After leaving the military, I became a professional pilot and worked for two large corporations as a corporate pilot before I took early retirement on December 1, 2000. I went to work for Flight Safety, Texas as a ground school/simulator instructor and worked for a year and a half until I was let go due to downsizing. After leaving FSI, I went back to flying as a contract pilot and aircraft management company pilot until I quit flying in 2010 due to medical issues. I am rated 50% disabled by the VA for Type II diabetes related to herbicide exposure in South Vietnam. I spend my time writing. My books can be found at www.sammcgowan.com/books.html.

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