Family Security Matters

Did Ted Cruz enter the U.S. illegally in 1974?

by LAWRENCE SELLIN, PHD February 11, 2016

http://www.familysecuritymatters.org/publications/detail/did-ted-cruz-enter-the-us-illegally-in-1974

TED CRUZ _ FROWN

This article is a statement of the facts, and is not meant to, or intended to, be interpreted as a political endorsement, or lack thereof, of any political candidate. Family Security Matters takes no political point of view whatsoever. 

Exactly how and when did Ted Cruz obtain U.S. citizenship?

The fact that it is still an open question at this stage of the Presidential campaign is a testament either to the galactic ignorance of our political-media elite or their willingness to place political expediency ahead of the Constitution and the law.

There is no third alternative.

Rafael Edward "Ted" Cruz was born in Calgary, Alberta, Canada on December 22, 1970 and remained a Canadian citizen until he officially renounced it on May 14, 2014, eighteen months after taking the oath of office as a U.S. Senator. At the time of his birth, Cruz's father was a citizen of Canada and his mother was a U.S. citizen.

Legally, Cruz could have obtained US citizenship through his mother consistent with 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 301 (a) (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."

In that case, Cruz's mother should have filed a Consular Report of Birth Abroad of a Citizen of the United States of America (CRBA) with the nearest U.S. embassy or consulate after the birth to document that the child was a U.S. citizen.

According to Cruz spokeswoman Catherine Frazier, Cruz's mother did register his birth with the U.S. consulate and Cruz received a U.S. passport in 1986 ahead of a high school trip to England.

There are two apparent contradictions regarding how and when Ted Cruz obtained US citizenship.

First, according to the Canadian Citizenship Act of 1946, also referred to as the "Act of 1947," Canada did not allow dual citizenship in 1970. The parents would have had to choose at that time between U.S. and Canadian citizenship. Ted Cruz did not renounce his Canadian citizenship until 2014. Was that the choice originally made?

Second, no CRBA has been released that would verify that Ted Cruz was registered as a U.S. citizen at birth.

It has been reported that the then nearly four-year-old Ted Cruz flew to the U.S. from Calgary, Alberta, Canada in 1974.

Ted Cruz could not have entered the U.S. legally without a CRBA or a U.S. passport, the latter of which was not obtained until 1986.

If Ted Cruz was registered as a U.S. citizen at birth, as his spokeswoman claims, then the CRBA must be released. Otherwise, one could conclude that Cruz came to the U.S. as a Canadian citizen, perhaps on a tourist visa or, possibly, remained in the U.S. as an illegal immigrant.

It is the responsibility of the candidate for the Presidency, not ordinary citizens, to prove that he or she is eligible for the highest office in the land. Voters deserve clarification.

Even assuming a CRBA was filed, the weight of the legal evidence indicates that Ted Cruz is a naturalized U.S. citizen because he was born outside of the jurisdiction of the U.S. and obtained U.S. citizenship by an Act of Congress (Article 1 Section 8 of the Constitution). As a naturalized citizen, he is not eligible for the Presidency (Article 2 Section 1 Clause 5 of the Constitution).

It is disturbing to this writer that, Ted Cruz, a man who claims to be a "principled conservative" and a staunch supporter of the Constitution, should be so opaque about his personal history and unwilling to release his records.

Does that sound familiar?

Lawrence Sellin, Ph.D. is a retired colonel with 29 years of service in the US Army Reserve and a veteran of Afghanistan and Iraq. Colonel Sellin is the author of "Restoring the Republic: Arguments for a Second American Revolution ". He receives email at lawrence.sellin@gmail.com.

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Replies

  • Going Rogue--You have a very valid point and our opinions have pretty well been established as to the candidates qualifications.  There is absolutely no doubt that each of the candidates in question, Rubio and Cruz, Cruz most because he is biting Trumps ass right now, have already established their qualifications.  Each of these individuals are lawyers and Cruz being a constitutional lawyer have already done their homework. Many are denying that, it is well documented, Trump is far more liberal than conservative or even Republican but are willing to compromise every principle that TPer and conservative groups have established as our foundation. Trump has absolutely no record that can substantiate being supportive to our causes. 

  •  And there is the Rub you expect us that have a Moral Conviction of TRUTH , INTEGRITY, and rolling the LETTER of THE LAW which is the Constitution to lay down our Convictions because you are willing to concede them ! YES I absolutely  believe it is the MOST IMPORTANT thing facing our country at this moment it is a Matter of National Security ! We have had a usurper holding the most powerful position in our government  { although that should not be the case as it was not intended } . The most powerful was always intended to be THE PEOPLE . That's what our Founding Father's intended and it is very very clear in the Constitution and that goes for our State Representatives also  ! WE ARE THE BOSS …. GET IT ! This is exactly the reason that  OUR country is in the shape it is in today  because we have conceded our own morals and values . There were many things that the FF 's spelled out that are equally as important …. everything did not have to be " DEFINED " the People were intelligent enough and had Morals and Values …. besides it doesn't take a lot of intelligence to understand The Constitution  it is as easy to read as THE BIBLE .  What you say here reveals a lot about your character !

    • Another resounding AMEN Edward!

  • Answers to your questions:

    1) Yes NBC is of utmost importance.

    2) The founders knew what Natural Born meant and did not have to define what was clearly understood.

    Either we respect the original intent of the Constitution (not a "living document" or "irrelevant" as some would have others believe) and the Republic or we are enemies of the U.S.A.

  • OK Folks... 

    Who among the "Is-Not-NB/C" folks here would actually vote for Ted Cruz if there was NO Controversy?

    And....  

    Since The Constitution does not define the parameters of NB/C, what legal document of The United States is considered the authoritative LEGAL Document that prescribes the definitive parameters?  

    Now ... for the second question above ... I know the answer, but am seeking conformation of people's thinking here. 

    Thanks!

    /psr

  • Yes the arguing about NBC is tiresome but it is vitally important because Obama is not eligible, Pelosi did not vet him and we have an illegal setting in the Oval Office. We can not let that happen again or soon the candidates won't have to be American to be President. We must protect the Constitution at all cost.

    • AMEN Debrajoe!

  • I am not sure about the legality, of Presidential eligibility, of either of the candidates being held over the pit by either the American Citizens, or the NObama owned media. What concerns me, is that we have very likely had a imposter, Dictator in waiting running our Country into the ground for over 7 years now, who we are almost all quite sure is a fake, ineligible, and guilty of living under a fake Social Security number, a Felony. Where was all this angst from the American people, when we saw his pre election speeches, read his socialist books, heard of his associations, socialists, and following the teachings of a America hating, heavily racist pastor for several years?. It was then that we should have launched the outcry that is being tossed around now. It was then that we should have seen the writing on the wall, when he had every pre election record of his sealed. Why would anyone do that without a shadow, a deep dark shadow, in their closet?. It seems we are stirring the stew, way after the poisonous herbs have been tossed into it. It is easy to close the barn doors, after all of the animals have escaped. they should have been slammed shut, before this American, America, Muslim, Socialist, anti Judeo-Christian, escaped into our society, and was allowed to cause all the destruction he has, and all he still has, to accomplish before he is through with us.
    We let this Dictator in waiting, take away our freedoms, our liberty, our Patriotism, and God, one at a time, and said oh I guess that is OK. He did it at first in slow steps to see if he would be stopped, then seeing he could not be stopped, went on to almost completely destroy this Country. BEWARE, his reign of terror is not over yet, and with the power he has acquired and gained, he will not likely be leaving the Whitehouse for some time to come. He will change the Constitutional boundaries on two terms, declare martial law, or with his pen, make himself Dictator through his executive orders. No one has stopped any of them yet, I doubt if they would now either.
    If we the people have ever come together in solidarity, in one voice, we had better do it soon, or that opportunity will be removed from us. Better wake up, people, or our nightmares will continue to come, until we are trapped in them.
    • Hind-sight is 20/20 indeed! Obama ain't done yet, the economy is about to take a dive thanks to the Fed and the Usurper in Chief will use the ensuing chaos to declare martial law. Probably within 4-6 months. Gonna get ugly soon my friends!

  • When he pictured himself in uniform, exposed where he was coming from, it didn't work.

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