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
This letter shows that Cruz was a citizen at birth.
It also shows that “Obama” was NOT a citizen at birth. (Because he has no birth certificate showing birth on U.S. soil, and his mother had not even lived five years after her fourteenth birthday.) Since “Obama” has never been naturalized, he is not a citizen at this moment.
No one has ever demonstrated conclusively that the authors and ratifiers of the Constitution understood citizenship at birth to be insufficient to satisfy the NBC requirement.
I want the first act of President Cruz to be the arrest of “Obama” and the people who were directly involved in fraudulently placing a non-citizen in the Presidency. I want this to take place BEFORE the beginning of the Inaugural Address.
Thanks 2ndDivisionVet. Sorry to be a few days late, but thought your comment might be misunderstood by some who read it in the future. Of course we mostly know that "citizenship at birth" is not natural born citizenship. Its legal foundation is the 14th Amendment, a naturalization amendment. Judge John Bingham, the author of the 14th Amendment explained natural born citizenship to us when clarifying to the Congress why the 14th Amendment did not address, or mention, natural born citizenship. Citizenship at birth applies to Rubio, Jindal, Haley, Cruz, Chester Arthur, and probably to John McCain, though I respect Mario Apuzzo's belief that the Supreme Court might extend their interpretation to encompass Vattel's suggestion that foreign born children of military be "reputed" natural born citizens.
Mark Levin's citation of the 1st Congress' Naturalization Act is simply wrong since Congress reversed that Act in 1795 and 1802, living no mention of natural born citizenship. We can only guess at Levin's motivation for his blatant lie, but I suspect that having a lifestyle and family to protect had something to do with it. Mark protected himself, uncharacteristically, by claiming to know very little about citizenship law, an unlikely assertions given his publishing the Madison letter, p37 of Liberty and Tyranny, explaining why the Constitution is bereft of definitions. Next time someone claims natural born citizenship was left undefined ask them to name anything defined in the constitution, other than "Treason" which definition was restricted because it pertains to a monarchy.
Stuart Shelby is either ignorant, or following orders, or both. A Constitutional president of the U.S. must be a natural born citizen. When anyone cites a congressional foundation for citizenship such citizenship is not granted by natural law, the foundation of our Declaration of Independence and Constitution. Obama did not lie. He told us on his web site "Fightthesmears.com" that he was native born, as were American Indians who were not made citizens by the 14th amendment because they didn't recognize allegiance to our Constitution, that he was born a subject of the British Commonwealth by the 1948 British Nationality Act since his father was a British Subject, and was also a citizen of the U.S. because his mother was a citizen. He counts on the ignorance of most Americans, and on the fear of those who do know the truth from becoming targets of the U.S. government, as was demonstrated when Obama brought the IRS to force Nathan Deal, Congressman from Georgia, to resign when Deal had the courage to ask for written verification of Obama's eligibility. We have been played for fools by most all of our media, and even those who make their living acclaiming their fealty to the Constitution, like Mark Levin and Hillsdale College, either of whom could be crushed by the corrupt justice department and hundreds of appointed federal justices all justifiably concerned that they could never defend themselves from tyrants with a bottomless pile of taxpayer money to spend.