I'm not up to date on my Canadian citizenship fluency, but this is interesting.

I'm not up to date on my Canadian citizenship fluency, but this is interesting. Even more so this is the DC Conservative Examiner. Seems at least one conservative thinks Cruz's citizenship is questionable.

Originally shared by Reverend Eric Ha

So apparently Canada didn't allow dual citizenship until 1977, and Cruz was born in 1970. In order for him to be a natural born U.S. citizen his mother would have had to file a "CRBA (Consular Report of Birth Abroad) to "obtain" exclusive US citizenship at the time for her son Ted and renounced his automatic "naturally acquired" Canadian citizenship."  which doesn't appear to have happened.   Can anyone confirm this? This just makes the whole ordeal that much juicier. 
http://www.examiner.com/article/proof-that-ted-cruz-did-not-become-a-us-citizen-at-birth

Comments

Brian Sullivan said…
AFAIK Canada has always allowed dual citizenship. If you are born in Canada you are automatically awarded citizenship unless your parents are diplomatic or consular staff.

Regardless Cruz's parents were not of that status so the exception does not apply.

At birth under Canadian law he became a Canadian. Under US law because his mother was a US citizen he also became a US citizen. He has since renounced his Canadian citizenship. 

The only question is whether he meets the "natural born citizen" requirement. I think generally constitutional scholars agree that he does.
MTD said…
Wow. I'm older than Cruz.
Jason ON said…
Brian Sullivan, did you read the article? It talked about the legality of dual citizenship in Canada. Apparently, per this article, Canada didn't get "dual citizenship" until after Cruz was born. And, per this article, since Cruz's mother was married to a Canadian and living in Canada for a year or more, she'd automatically given up her US citizenship.

Like I said, I'm not up to date on my Canadian citizen legalities so I don't know how accurate this article is.
Adam Black said…
Jason ON Did she actually become a Canadian citizen?
You don't lose American citizenship by marriage and living abroad.
Lorne Thomas said…
Bringing up the berther argument is funny, after the Obama berther debacle. Let's face it, the big "O" birth certificate issue seems to be cloudy at best, and now we go after another politician with the same despicable tactics that we put down as dirty politics?
Brian Sullivan said…
Jason ON The article is quoting wikipedia and I think refers to a law that put dual citizenship legality as a specific mention on the books. Before that there was no specific mention -- it was not illegal - in fact or in practice.
Brian Sullivan said…
Obama's birth certificate was "cloudy at best" -- been drinking the kool aid have you?
Brian Sullivan said…
USA also allows dual citizenship so whether his mother became a Canadian citizen is not an issue (she did not btw).
Mark Miller said…
It's amazing that dems or the media aren't going after Cruz like they went after Obama on this.
Mark Miller said…
Obama was born in Hawaii, Cruz was born in Canada. You're not automatically considered a US citizen unless your parents are diplomats.
Mark Miller said…
Or, you are born on a military base or in a consulate building.
Brian Sullivan said…
You are a US citizen at birth if either of your parents were US citizens at the time your birth - regardless of the location of your birth.
Brian Sullivan said…
The only question at hand is whether he satisfies the "natural born" clause.
Mark Miller said…
I stand corrected Brian Sullivan​, Ted Cruz probably does not satisfy that clause.
Mark Miller said…
But you are considered Natural Born if born on a military base, in an embassy or consulate. Those are considered US soil.
Brian Sullivan said…
Mark Miller I believe in practice "natural born" means "at birth" and most scholars I think use that as the meaning and agree that that is what was intended. There is nothing anywhere as far as I know about US soil being the meaning of "natural born".

The US supreme court has never ruled on the subject though-- thus there is potential for dispute.
Jason ON said…
Adam Black did you read the article?
Jason ON said…
How many of you saw this paragraph? I'm looking at you Brian Sullivan, Adam Black and Jason Wellband?  

Ted's Father has publicly admitted he became a Canadian citizen in 1968. If his mother's first husband with surname of "Wilson" was also a Canadian citizen (unconfirmed), she would have become a citizen before his father. Even if her first husband was not Canadian, according to Canadian law, she would still have automatically become a Canadian citizen in 1969 after having a Canadian spouse (Ted's Father) and residing in Canada for 1 year. This information substantiates the reports claiming that both of his parents appeared on the Canadian voter's rolls. There is now an unconfirmed claim that someone has supposedly verified that they indeed both voted in the October of 1972 federal Canadian election.

I get it, it was a little further into the article than the title but it's an important paragraph. 

Again, I'm not an expert on Canadian immigration law, but this does raise some questions as to his legal status at birth.
Brian Sullivan said…
Even if his mother was a Canadian citizen (and AFAIK that is not true) - she would still have been an American citizen. There is no real evidence that she was

Being registered to vote could easily have been an error. because of the manual process of gathering voters lists in that era.

I notice there are a a lot of "unconfirmed" statements in that paragraph -- those "unconfirmed" statements are the crux of this conspiracy theory.

The one thing that is true however is that took Cruz much longer to renounce his Canadian citizenship than is normal or expected so there is at least the appearance that there was a problem (the usual problem apparently is that that renouncer would become stateless).
Jason ON said…
Jason Wellband​ again, I'm not an expert on the law, but if her citizenship changed to Canadian, then she wouldn't have dual, she'd have Canadian.

For example, if I go to Canada tomorrow and become a citizen then my US citizenship is cancelled.
Jason ON said…
Like I said, I don't know. 

If I change my citizenship, whether proactively or reactively, does the government, through the back end get notified of that change? I mean, when I move across state lines and change my citizenship, I don't have to contact the state I left and let them know, I just let the state I've moved to do all that work for me.
Brian Sullivan said…
If you come to Canada, become a Canadian citizen you retain your US citizenship unless you renounce it. It is also true that if I as a Canadian citizen come to the US, become a citizen I retain my Canadian citizenship unless I specifically renounce it.

There are some countries where dual citizenship is not allowed, some where it is impossible to renounce your citizenship. Neither Canada nor the US is one of those.
Jason ON said…
Brian Sullivan, I think you're missing the point. It's not about now it's about then. You know, when Cruz was born. The applicable laws at that time would take precedent, not current ones.
Brian Sullivan said…
It was the same then ... has not been different in my lifetime( I am considerably older than Cruz)
Jason ON said…
Well, the article talks about the law changing int he late 60s.
Brian Sullivan said…
I see nothing there about the late 60s but that would still be before Cruz was born.

There was an update to the law in 1977 that specifically mentions dual citizenship and affirms its legality. But that was not a change - it was just a codification of already existing status.
Jason ON said…
You're right. My memory was off by a decade, or I fat-fingered something. Regardless:

_In order for Ted Cruz to have "become" a US citizen at birth in 1970, his mother would have had to retain exclusive citizenship to the US and filed a CRBA (Consular Report of Birth Abroad) to "obtain" exclusive US citizenship at the time for her son Ted and renounced his automatic "naturally acquired" Canadian citizenship. The process in itself is considered a very abbreviated form of "naturalization", thereby making such persons born outside of the OFFICIAL territories of the United States absolutely ineligible to become President of these United States in at least this one circumstance alone. Given that Canadian law did not allow dual citizenship at the time, then IF his mother filed a CRBA in 1970, his Canadian citizenship would likely have needed to be renounced before a new US citizenship could be granted.

Ted's Father has publicly admitted he became a Canadian citizen in 1968. If his mother's first husband with surname of "Wilson" was also a Canadian citizen (unconfirmed), she would have become a citizen before his father. Even if her first husband was not Canadian, according to Canadian law, she would still have automatically become a Canadian citizen in 1969 after having a Canadian spouse (Ted's Father) and residing in Canada for 1 year. This information substantiates the reports claiming that both of his parents appeared on the Canadian voter's rolls. There is now an unconfirmed claim that someone has supposedly verified that they indeed both voted in the October of 1972 federal Canadian election._
Brian Sullivan said…
My last comment. You haven't been reading my comments - the article is wrong  -- either out of ignorance or malice -- don't know which.

Not everything on the internet is true
Jason ON said…
And you're an expert on the history of Canadian immigration and citizenry law? I've already mentioned I'm not and therefore have made no claims of my own. You haven't refuted the "facts" in the article, merely made sweeping statements of "that's now how it is."
Brian Sullivan said…
Maybe - apparently previous similar suits have been dismissed because there is no legal requirement that a potential candidate or even a candidate be a "natural born citizen" .. only that the president and vice president be so. And no since no harm has happened and no law has been broken there is no basis for a suit.

I don't know if somehow this will slip through.

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