Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Johnny B.
The very first Immigration law (1790) clearly states that children of U.S. citizens born abroad are NBC. It does require that a foreign-born father have been a resident. This law was passed by many of the same men who wrote the Constitution. HERE is the relevant law. Amd here is the clause that the very first Congress (including many of the authors of the Constitution) said about foreign-born children [emphasis added]:

And the children of citizens of the United States that may be born beyond Sea, or out of the limits of the United States, shall be considered as natural born Citizens: Provided, that the right of citizenship shall not descend to persons whose fathers have never been resident in the United States.

Cruz's was an NBC, and his father did reside in the U.S.

Correct. Except that in the case of Cruz, his father resided in the US but I believe never became a US citizen. So the early law/concept boils down to the question of whether one citizen parent, in Cruz's case the mother, I'd enough to pass on NBC, or if both parents are necessary. Or, in the case of the time of the founders, it could only be passed on by a citizen father and not a citizen mother.

19 posted on 02/07/2016 10:31:04 AM PST by Talisker (One who commands, must obey.)
[ Post Reply | Private Reply | To 10 | View Replies ]


To: Talisker

Ted Cruz’ father was first a citizen of Cuba, then a citizen of Canada, and in 2005 he renounced his Canadian citizenship and became a naturalized citizen of the United States in 2005.


31 posted on 02/07/2016 10:38:18 AM PST by ConjunctionJunction
[ Post Reply | Private Reply | To 19 | View Replies ]

To: Talisker
The very first Immigration law (1790) clearly states that children of U.S. citizens born abroad are NBC. Cruz's was an NBC, and his father did reside in the U.S.

/// Correct. Except that in the case of Cruz, his father resided in the US but I believe never became a US citizen. So the early law/concept boils down to the question of whether one citizen parent, in Cruz's case the mother, I'd enough to pass on NBC, or if both parents are necessary. Or, in the case of the time of the founders, it could only be passed on by a citizen father and not a citizen mother.

If you are willing to accept that a 1790 law can set the conditions under which one is considered a NBC, then the 1952 law that was in effect at the time Cruz was born also can. The real question is whether NBC has an inherent definition other than "citizen at birth in accordance with the laws of the land." I have not seen anything convincing on the inherent definition, so I will assume congress has the leeway to pass the first order of business in naturalization law - identifying ho has no need of naturalization.

85 posted on 02/07/2016 12:24:39 PM PST by Gil4 (And the trees are all kept equal by hatchet, ax and saw)
[ Post Reply | Private Reply | To 19 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson