[2ndDivisionVet]

Because no one lied to Cruz’s parents?

To the editor: A child born abroad to one U.S. citizen parent and one non-citizen parent acquires U.S. citizenship at birth under Section 301(g) of the Immigration and Nationality Act, provided the American parent was physically present in the United States or one of its outlying possessions for the time period required by the law applicable at the time of the child’s birth.

For birth between Dec. 24, 1952, and Nov. 13, 1986, a period of 10 years — five after the age of 14 — is required for physical presence in the United States or one of its outlying possessions to transmit U.S. citizenship to the child.

Since Cruz entered the United States in possession of a United States passport, I presume his mother met the physical presence requirements of the Immigration and Nationality Act.

Stuart Shelby, Santa Monica

The writer is a retired immigration judge.

http://www.latimes.com/opinion/readersreact/la-le-0228-saturday-ted-cruz-20150228-story.html

[Maurice Tift]

  A child born abroad to one U.S. citizen parent and one non-citizen parent acquires U.S. citizenship at birth under Section 301(g) of the Immigration and Nationality Act

  Certainly, Ted Cruz is a citizen by statute.

[Kickass Conservative]

A child born abroad to one U.S. citizen parent and one non-citizen parent acquires U.S. citizenship at birth under Section 301(g) of the Immigration and Nationality Act, provided the American parent was physically present in the >>>United States or one of its outlying possessions for the time period required by the law applicable at the time of the child’s birth.

For birth between Dec. 24, 1952, and Nov. 13, 1986, a period of 10 years — five after the age of 14 — is required for physical presence in the United States or one of its outlying possessions to transmit U.S. citizenship to the child.<<<

Which is why Obama is not a U.S. Citizen by Birth. His Father was not an American Citizen and his Mother did not meet the five year requirement to transfer Citizenship to her Son, Barry Soetero.

[philman_36]

A natural born citizen doesn't need positive law (legislation written by man) to make him a Citizen.

Think of it this way...do you need a positive law to keep and bear arms or is that a natural right?

[Puzo1]

A statutory naturalized citizen of the United States “at birth” is not the same as a common law “natural born citizen” “by birth. Simply stated, the definition of a natural born citizen comes from the common law the nomenclature with which the Framers were familiar when they drafted and adopted the Constitution. Minor v. Happersett (1875) (positively cited and quoted in U.S. v. Wong Kim Ark (1898). That definition is a child born in a country to parents who were its citizens at the time of the child’s birth. In contradistinction, the definition of a “citizen” of the United States “at birth” comes from the Fourteenth Amendment or naturalization Acts of Congress, depending on one’s birth circumstances. With respect to Mr. Obama, assuming he was born in the United States to a U.S. citizen mother and non-U.S. citizen father, it comes from the Fourteenth Amendment. Regarding Senator Ted Cruz, who was born in Canada to a U.S. citizen mother and a non-U.S. citizen father, it comes from 8 U.S.C. Sec. 1401(g), a naturalization Act of Congress. Hence, neither Obama nor Cruz satisfy the constitutional common law definition of a natural born citizen. Rather, they are made “citizens” of the United States “at birth” by positive law which did not exist at the time of the adoption of the Constitution and which did not repeal or amend the original common law definition of a natural born citizen. They are therefore not natural born citizens.

Mario Apuzzo, Esq.