Thread: Canada-born Ted Cruz became a citizen of that country as well as U.S.

Canada-born Ted Cruz became a citizen of that country as well as U.S.

Sen. Ted Cruz's birth certificate shows he was born in Canada in 1970. It was released exclusively to The Dallas Morning News.

By TODD J. GILLMAN
TODD J. GILLMAN The Dallas Morning News Washington Bureau
tgillman@dallasnews.com
Published: 18 August 2013 11:04 PM
Updated: 19 August 2013 09:20 AM

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Ted Cruz


WASHINGTON — Born in Canada to an American mother, Ted Cruz became an instant U.S. citizen. But under Canadian law, he also became a citizen of that country the moment he was born.

Unless the Texas Republican senator formally renounces that citizenship, he will remain a citizen of both countries, legal experts say.

That means he could assert the right to vote in Canada or even run for Parliament.

On a lunch break from the U.S. Senate, he could head to the nearby embassy — the one flying a bright red maple leaf flag — pull out his Calgary, Alberta, birth certificate and obtain a passport.

“He’s a Canadian,” said Toronto lawyer Stephen Green, past chairman of the Canadian Bar Association’s Citizenship and Immigration Section.

The circumstances of Cruz’s birth have fueled a simmering debate over his eligibility to run for president. Knowingly or not, dual citizenship is an apparent if inconvenient truth for the tea party firebrand, who shows every sign he’s angling for the White House.

“Senator Cruz became a U.S. citizen at birth, and he never had to go through a naturalization process after birth to become a U.S. citizen,” said spokeswoman Catherine Frazier. “To our knowledge, he never had Canadian citizenship, so there is nothing to renounce.”

The U.S. Constitution allows only a “natural born” American citizen to serve as president. Most legal scholars who have studied the question agree that includes an American born overseas to an American parent, such as Cruz.

The Constitution says nothing about would-be presidents born with dual citizenship.

Detractors have derided Cruz as “Canadian Ted,” saying he can’t run for president because he wasn’t born on U.S. soil.

Cruz, a Harvard-trained lawyer and former clerk for the U.S. chief justice, disagrees. He reasserted last week that being an American by birth makes him eligible.

Looking ahead
Two visits in recent weeks to Iowa, the first state to winnow the field of presidential candidates, set off a fresh flurry of commentary on the issue. He heads to New Hampshire, another early voting state, on Friday — another strong sign that he’s eyeing a 2016 run.

The political impact of his citizenship status remains to be seen. Doubts about President Barack Obama’s heritage dogged him throughout 2008 and persist among hardcore “birthers.”

Officials at Citizenship and Immigration Canada said that without a signed privacy waiver from Cruz, they cannot discuss his case.

“Generally speaking, under the Citizenship Act of 1947, those born in Canada were automatically citizens at birth unless their parent was a foreign diplomat,” said ministry spokeswoman Julie Lafortune.

For the first time, Cruz released his birth certificate Friday in response to inquiries from The Dallas Morning News.

Dated a month after his birth on Dec. 22, 1970, it shows that Rafael Edward Cruz was born to Rafael Bienvenido Cruz, a “geophysical consultant” born in Matanzas, Cuba, and the former Eleanor Elizabeth Wilson, born in Wilmington, Del.

Her status made the baby a U.S. citizen at birth. For that, U.S. law required at least one parent who was a U.S. citizen who had lived for at least a decade in the United States.

She registered his birth with the U.S. consulate, Frazier said, and the future senator received a U.S. passport in 1986 ahead of a high school trip to England.

Rafael Cruz, now a pastor in suburban Dallas, fled Cuba for Texas as a teen in 1957. He remained a Cuban citizen until he became a naturalized American in 2005.

Automatic citizenship
Until 1947, people born in Canada were British subjects. The system Canada adopted after that closely mirrors that of the U.S.

Both confer citizenship automatically to anyone born on their territory, and to children of citizens even when the birth takes place overseas.

By 1970, the Cruzes had moved to the Canadian oil patch, where they launched a seismic-data business. For purpose of citizenship, being foreigners made no difference.

“If a child was born in the territory, he is Canadian, period,” said France Houle, a law professor at the University of Montreal. “He can ask for a passport. He can vote.”

The fact that Cruz left Canada when he was 4 doesn’t affect his status there, either.

“If you leave when you’re 2 minutes old, you’re still an American. It’s the same in Canada,” said Allison Christians, a law professor at McGill University in Montreal.

“He’s a Canadian citizen.”

Having practiced international tax law in the U.S. for 25 years, Christians has made a close study of citizenship rules. They often come into play in tax cases.

“They can feel as American as they want. But the question of citizenship is determined by the law of the territory in which you were physically born,” she said. “It’s not up to the Cruz family to decide whether they’re citizens.”

As a Cuban, Rafael Cruz probably could have requested citizenship for his son, experts said. Even if he’d wanted to, the Cuban Constitution bans dual citizenship.

And the chance to register the child passed long ago.

“The U.S. and Cuba have very similar legal patterns and requirements,” said David Abraham, a professor of immigration and citizenship law at the University of Miami.

The situation reflects the overlapping jurisdictions, said Demetrios Papademetriou, president of the Washington-based Migration Policy Institute, who called birthright citizenship common in English-speaking countries.

“If Ted Cruz was born in Canada, he is Canadian. He is American. He is a dual citizen,” he said.

That’s not uncommon in Canada, especially in French-speaking Quebec. But even there it can cause headaches for politicians.

In 2006, Canada’s Liberal Party Leader Stéphane Dion — born in Quebec City and also a citizen of France, his mother’s homeland — gave into a public uproar. He promised, reluctantly, to give up his French citizenship if he became prime minister, which never happened.

Taxes
Unlike the U.S., which requires its citizens to pay taxes no matter where they live in the world, Canada only taxes people who reside there.

So there’s rarely much reason to relinquish Canadian citizenship.

For Cruz, though, it may become a political imperative. Though it would not affect his eligibility for the presidency, he could face questions about whether it’s appropriate for a commander in chief to have dual citizenship.

The relinquishment process is easy enough. It can take from a few weeks to a year. There’s a four-page form with a $100 fee. Applicants must appear before a special judge to prove they have citizenship elsewhere and aren’t engaged in fraud.

Records are kept private.
Green, one of Canada’s top immigration lawyers, has counseled pro sports teams, athletes and major corporations. He knows one person who renounced his Canadian citizenship as a condition of joining the U.S. Secret Service.

“I’ve done it for people,” he said. “No problem.”

Follow Todd J. Gillman on Twitter at @toddgillman.

http://www.dallasnews.com/news/politics/headlines/20130818-canada-born-ted-cruz-became-a-citizen-of-that-country-as-well-as-u.s..ece

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Ted Cruz Goes Birther On Himself By Renouncing His Canadian Citizenship PoliticusUSA - ‎2 hours ago‎ This is why Cruz had to go birther on himself and proclaim that he is the most American American that has ever lived in America, even though he was born in Calgary. . .

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Ask a Birther: Are You Convinced by Ted Cruz's Birth Certificate?


Associated Press

Elspeth Reeve 2:29 PM ET

Ted Cruz is trying to nip Cruz birtherism in the bud by releasing his birth certificate and renouncing his Canadian citizenship — though the de-Canadaization process could take up to eight months. Cruz was born in Canada to an American mother and a Cuban father, so he is an American citizen. But that is not good enough for some birthers. The GOP's winking not-quite-embrace of birther movement and the nativism it represents is not without consequence. At the core of birtherism is the sense that an outsider has infiltrated the nation and clawed his way to illegitimate power in order to serve foreign interests.

For a party that is worried about its standing with Latino voters, it's not a good look.

But don't take our word for it. Orly Taitz, long known as the Birther Queen, wove these two issues together seamlessly when we spoke to her about Cruz. Some people in Congress, Taitz said, are "pushing this huge amnesty" bill, which would offer a path to citizenship for undocumented immigrants that she says will cost Americans jobs.

"They're saying, 'Trust us, we'll check E-Verify,'" Taitz says, "but they're failing to address the issue that Obama failed E-Verify."

Cruz is one of the most famous Latino Republicans in public office, and unlike fellow Latino Republican Sen. Marco Rubio, he hasn't infuriated the conservative base by supporting a path to citizenship for undocumented immigrants. Even so, Cruz has to deal with suspicion from conservative voters that he's disqualified to be president because of where his dad was born.

"With Ted Cruz we have similar issues as we do have with Barack Obama," Taitz told us. She's focused on two problems: verifying the documents, and dual citizenship. Even if you believe President Obama's birth certificate and Social Security number are genuine — Taitz does not — you still haven't settled the problem of dual citizenship, she says.

Obama's father wasn't an American citizen, therefore, she claims, Obama was also a British citizen at birth, and a Kenyan citizen at age 2. "There has been no decision by a court about whether someone who was a dual citizen at birth, and has split allegiance, is eligible" to be president, Taitz says. And that goes for Ted Cruz. Renounce his Canadian citizenship? So what? "How did he gain his American citizenship? He wasn't born in the United States of America… He inherited his citizenship from his mother. But at the same time his father was a citizen of Cuba."
Further, she asks, "If you renounce your foreign citizenship, is it enough?"

She floats the idea of a Muslim Brotherhood member born in the U.S. with dual citizenship in a place like Iraq, who traveled to Iraq for some time and then came back the U.S. and renounced his Iraqi citizenship. Would that be good enough?
Ed Tower, a reader who had emailed The Atlantic Wire about Obama's birth certificate, had other concerns when we asked him about Cruz:

Not unusual to be born in a foreign country and have dual citizenship as my self, my daughter, Senator McCain etc etc. but to not realize and only denounce it when it becomes public knowledge seems disingenuous or display of ignorance. I would now move to investigate if he took advantage of Canadian banking laws.

Update 5:58p.m.: Reader Nick Walsh also responded:

My own personal opinion is that Cruz should not be taken seriously. I am forever baffled how these clowns create controversy in an effort to get themselves talked about. He does not qualify to be president in my opinion. The fathers of the constitution made that pretty clear in the language of the time. It is only sleeze-bag lawyers of today that want to make an issue of it.

When we spoke to Taitz, she sounded frustrated. She's annoyed that some reporters have referred to her as a dentist with a hint of derision. ("I'm a licensed dentist and a licensed attorney," Taitz said. "When people read about eligibility, they're not coming for dental work.") And it's not just the press that doesn't take birthers seriously. "Congress said 'it's not up to us,'" she complains, while the courts said it's up to Congress. State court said go to federal court, federal court said go to state court.
Indeed, those frustrations came through with other birthers I spoke to. Some sensed that implicit in my question was the suggestion that their attention to the birth certificate issue did not stem from a sincere concern about constitutional law, but something else. They did not like this. Reader Larry Johnson said:

I see that you still have your head squarely placed up your ass. So the issue is what? Ted Cruz released his birth certificate with no hesistancy? I'm not a Cruz supporter, but his conduct in this matter stands in stark contrast to what Obama did.
Cruz's status as a "natural born" American was and is a valid question. Unlike you, I don't pull my punches depending upon the political affiliation of the subject. You do.

Mickey Mathis, another reader, was especially upset:

Disgusting piece of human feces. You will lie, cheat, smear, intimidate, everything, to protect that illegal Marxist thug you helped put in the Oval Office to destroy this country from the inside. It is so laughable that you sewer slime have to already smear Cruz. So funny. Crawl back in the sewer you crawled out.

Mathis emailed a couple hours later to say:

I would say something else to you to, you piece of scum. At least Senator Cruz has a valid birth certificate, something your illegal thug can't even produce.

Pete Philips, another reader, felt The Atlantic Wire should have investigated Obama's background, not Cruz's:

Did Cruz seal ALL his college papers, did Cruz seal EVERYTHING about his life including which passport was used to exit the USA to go to Kenya or Pakistan, did Cruz Assume the Social Security Number of a deceased guy, did Cruz assume a SOCIAL SECURITY NUMBER from a state where he NEVER lived, did Cruz have a grandmother who worked for the US Social Security Department, did Cruz have some identity during his school years where fellow students actually remember him as a class mate, did Cruz actually have a girlfriend or two during his schooling years? Did Cruz immediately release his birth certificate instead of holding off for a few years to then release one that is shrouded in doubt? No I had no doubt about Cruz’s citizenship, what I have a doubt about is your inability to do honest investigative reporting or your desire to even do so! I’m sure you have YOUR DOUBTS because he isn’t a liberal like you perhaps.

I surveyed chatrooms and comment sections for discussions of Cruz's release. Some thought it was plainly obvious Cruz is a citizen. Others were skeptical. But many were simply ambivalent — worried the Constitution might be subverted, but happy it might be subverted for the right person. "It’s not like anyone in Washington is going to force Obama to obey the law, so why make a good man like Cruz obey it," one commenter said on Free Republic. "America is doomed anyway." And here's a comment on TheRightScoop.com, which is not a birther site.

As much of a constitutional conservative as I am, in my opinion, we are at war. At war with the communist left that wants to dilute and destroy America. Rarely do those involved in war play by the rules - that does not mean we should disregard our Constitution, but if we are to take back this country and save it, we need to bend the rules a bit - use the left's weapons against them and hijack their narrative. You see, Cruz is the perfect candidate. The left had no choice BUT to deem him eligible because not deeming him eligible would mean that Obama is not eligible either - classic Catch-22.
You cannot attack Ted Cruz because of eligibilty - because you'd be a phony birther (by their own logic). You cannot attack Ted Cruz because he's Hispanic, that would make you a racist.

Over the last few years, many Republicans have flirted with birtherism — that is, the legalities of eligibilty for being president — without embracing the claim that President Obama was born in Kenya. By March 2011, 11 state legislatures were considering birther bills, which required more proof that presidential candidates were citizens. In August 2012, Mitt Romney joked, "No one asked to see my birth certificate." (This was not actually true. As The Atlantic Wire reported, there was a small contingent of Romney birth certificate skeptics since his father was born in Mexico.) Romney embraced Donald Trump, who fake-ran for president on the birther platform in 2011. Though the Republican National Committee tried to keep Trump out of its 2012 convention by giving him an award somewhere else, the RNC didn't repudiate him. Trump was a major draw at the Conservative Political Action Conference in March. He's a regular political pundit on Fox and Friends.
And Republicans haven't quite figured out how to deal with their birther voters at town halls. Oklahoma Rep. Markwayne Mullin was accused of supporting birtherism when he answered a question from a self-described "Birther Princess" earlier this month. (Mullin's staff said he is not a birther.) In Texas, Rep. Blake Farenthold suggested to a birther constituent that he sympathizes with her cause, but it's a lost one. "I think unfortunately the horse is already out of the barn on this, on the whole birth certificate issue," Farenthold said. "The original Congress when his eligibility came up should have looked into it and they didn’t. I’m not sure how we fix it."

Want to add to this story? Let us know in comments or send an email to the author at ereeve@theatlantic.com. You can share ideas for stories on the Open Wire.
http://www.theatlanticwire.com/politics/2013/08/ask-birther-ted-cruz/68531/

‘Birther king’ Joseph Farah: ‘I don’t care’ that Ted Cruz was born in Canada

By Travis Gettys
Thursday, January 16, 2014 15:28 EST



One of the leading “birther” conspiracy theorists says he’s totally fine with Canadian-born Sen. Ted Cruz (R-TX) running for president.

World Net Daily editor Joseph Farah published a column Thursday complaining that the media had never bothered to uncover evidence to support his theory that President Barack Obama was born abroad, despite proof that he wasn’t, so he’s decided to disregard that Cruz is, in fact, foreign-born.

“Having never scrutinized the basic facts still surrounding Obama’s questionable case for eligibility, the news media are already in a feeding frenzy over the potential eligibility of conservative Republican Ted Cruz, who has not even announced his intentions about running for president in 2016 or thereafter,” Farah sniffs.

He lists a sampling of headlines reporting on the undisputed fact that Cruz was born in Calgary, Alberta, to a Cuban father and American mother and remains a dual citizen of Canada and the U.S.

“They fear him not because he was born in Canada,” Farah writes.

“They fear him not because of any concern for the U.S. Constitution. I will even be more generous to the Cruz smear machine than it was to me when I questioned Obama’s eligibility by rejecting the notion it is because the senator from Texas is Hispanic. They fear him because he is a bold, eloquent, charismatic, principled, committed defender of American liberty.”

The U.S. Constitution restricts the presidency to only those who are a “natural born citizen” of the United States, although the wording has left the clause’s meaning somewhat open to interpretation.

Cruz supporters, for example, claim the Tea Party darling should be considered a natural-born citizen of the U.S. – just as Obama’s mother was, although the president has shown a birth certificate showing he was born in Hawaii, the 50th state.

Farah reminds readers that he doesn’t consider Sen. Marco Rubio (R-FL), who was born in Miami to Cuban-born parents, to be a natural-born citizen, either, a viewpoint he says has gotten him blacklisted from Fox News.

(He has argued that Obama’s mother, who was 18 when she gave birth to the president, was too young to confer citizenship to her son.)

“If anyone has the right and the duty to weigh in on Ted Cruz’s eligibility, it’s me – even though no one is asking,” Farah writes. “My answer is, ‘I don’t care.’”

“I don’t care because the Constitution was not written and ratified to be applied to some and not others,” Farah writes. “If no one cared about Obama’s questionable eligibility, despite his shocking lack of transparency and thin paper trail, then they have no business questioning Ted Cruz – who has released his birth certificate, renounced his Canadian citizenship and upheld every provision of the Constitution to the best of his ability throughout his life.”

Watch Farah discuss Obama’s birth certificate in this video posted online by TYT Interviews:

http://www.rawstory.com/rs/2014/01/1...orn-in-canada/

This goes a long way to explain why the whole "birther" parade focuses on birth place rather than parenthood. If both parents are US citizens, then it doesn't matter where their children are born, they will be US citizens, but only if both parents are US citizens.

Neither Obama or Cruz should have ever been elected officials anywhere.

Ted Cruz Constitutional eligibility for POTUS