What part of the U.S. Immigration and Naturalization Act of 1952? I presume it’s the latest version of the applicable law, right?
“What part of the U.S. Immigration and Naturalization Act of 1952? I presume it’s the latest version of the applicable law, right?”
The following is an extract of the relevant provision from the Public Law establishing the U.S. Immigration and Naturalization Act of 1952, which was the applicable statute when Ted Cruz was born on 22 December 1970.
66 Stat. Public Law 414 - June 27, 1952. TITLE III - NATIONALITY AND NATURALIZATION. Chapter 1 - Nationality at Birth and by Collective Naturalization. NATIONALS AND CITIZENS OF THE UNITED STATES AT BIRTH. Sec. 301. (a) The following shall be nationals and citizens of the United States at birth; . . . (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 lest 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.
The U.S. State Department Foreign Affairs Manual used to administer the naturalization law today says it is the authority for the “naturalization by certain children born abroad to U.S. citizen parents.”
U.S. Department of State Foreign Affairs Manual Volume 7
Consular Affairs. 7 FAM 1151 INTRODUCTION... b. 8 U.S.C. 1101(a)(23); INA 101(a)(23)) defines naturalization as the conferring of nationality of a state upon a person after birth by any means whatsoever. . . For the purposes of this subchapter naturalization includes:... (5) “Automatic” acquisition of U.S. citizenship after birth, a form of naturalization by certain children born abroad to U.S. citizen parents or children adopted abroad by U.S. citizen parents.
The Supreme Court of the United States said “A person born out of the jurisdiction of the United States can only become a citizen by being naturalized....” Ted Cruz was born “out of the jurisdiction of the United States”, and he “can only become a citizen by being naturalized.” See:
United States v. Wong Kim Ark, 169 U.S. 649, 18 S.Ct. 456, 42 L.Ed. said “A person born out of the jurisdiction of the United States can only become a citizen by being naturalized....”
“I presume it’s the latest version of the applicable law, right?”
The applicable law regarding the eligibility is contained in the US Constitution. There are interpretations of the Constitution is what he means.