Birthright citizenship in the United States refers to a person's acquisition of United States citizenship by virtue of the circumstances of his or her birth. It contrasts with citizenship acquired in other ways, for example by naturalization later in life. Birthright citizenship may be conferred by jus soli or jus sanguinis. Under United States law, U.S. citizenship is automatically granted to any person born within and subject to the jurisdiction of the United States. This includes the territories of Puerto Rico, the Marianas (Guam and the Northern Mariana Islands) and the U.S. Virgin Islands, and also applies to children born elsewhere in the world to U.S. citizens (with certain exceptions).[1][2]Cruz has birthright citizenship through jus sanguinis.The Citizenship Clause of the Fourteenth Amendment to the United States Constitution states that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."[3]
The Pew Hispanic Center estimates that approximately 7.5% of all births in the U.S. (about 300,000 births per year) are to unauthorized immigrants.[4] The Pew Hispanic Center also estimates that there are 4.5 million children who were born to unauthorized immigrants that received citizenship via birth in the United States; while the Migration Policy Institute estimates that there are 4.1 million children. Both estimates exclude anyone eighteen and older who might have benefited.[4]
In keeping with the fact that the Constitution makes the "natural born citizen" requirement a matter of some interpretation, and provides for no verification process, we have to assess his circumstances with the thought that the NBC provision is meant to exclude people with competing foreign allegiances, but include everyone who would truly be free of them. I don't see where Cruz being born in Canada as a birthright citizen to parents merely there for business, and then returning at age four, excludes him, or was ever meant to.
Great, the problem for Cruz (if the constitution is followed) is that the constitution assigns US citizenship through jus soli.
If the only authority used for finding US citizenship is the US constitution, Cruz can only be a naturalized citizen.
How can you be a citizen of Canada and not have that nation claim your allegiance? Your allegiance isn’t your choice. It is claimed for you by the circumstances of your birth and the laws of nations. Renunciation is another matter, but clearly T Cruz’s allegiance was not to the U.S. at birth. Thus he cannot be a natural born citizen wherein no other allegiance but to the U.S. can be assured.
Exactly why the article was written and adopted, to prevent such entanglements.
Only two have evaded this requirement, the last resulting in great destruction to the nation. It is time to return to first principles.
Respectfully, ...