Thread: TED CRUZ CAMPAIGN HIT AGAIN, NEW 'BIRTHER' LAWSUIT FILED IN NEW YORK

Originally Posted by JohnDoe2

1952 Immigration and Nationality Act, a.k.a. the McCarran-Walter Act

H.R. 13342; Pub.L. 414; 182 Stat. 66.

82nd Congress; June 27, 1952.

You can find the full text of this law here or download the PDF.

It's a little strange, the relevant title version in HTML is missing. But in the PDF version from 1952, I see confirmation of that law:

Title III, Chapter 1, Sec 301, (a) The following shall be nationals and citizens of the US at birth: (4), for example, "a person born outside of the US ... of parents one of whom is a citizen of the US, who has been physically present in the US ... for a continuous period of one year prior to the birth ... and the other of whom is a ... not a citizen of the US."

Now this is an old law and many have been changed in the act. I reject it and this same law makes citizens out of resident of Puerto Rico and other "territories" of the US, which I also reject.

If this act has legitimacy then we can change it and we must. We must reject the US citizenship of anyone not born of two US citizens. And as a political matter I do that now already and their descendants as well. This has got to stop.

1. On March 2, 1917, Wilson signed the Jones-Shafroth Act, under which Puerto Rico became a U.S. territory and Puerto Ricans were granted statutory citizenship.
   
   Puerto Ricans become US citizens, are recruited for war effort
   
   www.history.com/.../puerto-ricans-become-u-s-citizens-are-recruited...
   

Citizenship at birth on the U.S. territories and former U.S. territories[edit]

The 14th amendment applies to incorporated territories, so people born in incorporated territories of the U.S. (currently, only the Palmyra Atoll) are automatically U.S. citizens at birth.^[42]

Separate sections of law handle territories that the United States has acquired over time, such as Alaska 8 U.S.C. § 1404 and Hawaii 8 U.S.C. § 1405, both incorporated, and unincorporated Puerto Rico 8 U.S.C. § 1402, the U.S. Virgin Islands 8 U.S.C. § 1406, and Guam 8 U.S.C. § 1407.

Each of these sections confer citizenship on persons living in these territories as of a certain date, and usually confer native-born status on persons born in incorporated territories after that date.^[43]

For example, for Puerto Rico, all persons born in Puerto Rico between April 11, 1899, and January 12, 1941, were automatically conferred U.S. citizenship as of the date the law was signed by the President Harry S. Truman on June 27, 1952.

Additionally, all persons born in Puerto Rico on or after January 13, 1941, are citizens at birth of the United States. Note that because of when the law was passed, for some, the citizenship status was retroactive.

The law contains one other section of historical note, concerning the Panama Canal Zone and the nation of Panama. In 8 U.S.C. § 1403, the law states that anyone born in the Canal Zone or in Panama itself, on or after February 26, 1904, to a mother or father who is a United States citizen, was "declared" to be a United States citizen at birth.

All persons born in the U.S. Virgin Islands on or after February 25, 1927, are native-born citizens of the United States.

The 8 U.S.C. § 1406 also indicate that all the persons and their children born in the U.S. Virgin Islands subsequent to January 17, 1917, and prior to February 25, 1927, are declared to be citizens of the United States as of February 25, 1927 if complied with the U.S. law dispositions.

All persons born in Alaska on or after June 2, 1924, are native-born citizens of the United States. Alaska was declared a U.S. State on January 3, 1959.

All persons born in Hawaii on or after April 30, 1900, are native-born citizens of the United States. Hawaii was declared a U.S. State on August 21, 1959.

All persons born in the island of Guam on or after April 11, 1899 (whether before or after August 1, 1950) subject to the jurisdiction of the United States, are declared to be citizens of the United States.

Currently under the Immigration and Nationality Act of 1952(INA) effective from December 24, 1952 to present the definition of the "United States" for nationality purposes, was expanded to add Guam; and, effective November 3, 1986, the Northern Mariana Islands (in addition to Puerto Rico and the Virgin Islands of the United States).^[44]

Persons born in these territories on or after December 24, 1952 acquire U.S. citizenship at birth on the same terms as persons born in other parts of the United States; and "Outlying possessions of the United States" was restricted to American Samoa and Swains Island.^[45]

Congressional Research Service Report number RL30527 of April 17, 2000, titled "Presidential Elections in the United States: A Primer" asserts that citizens born in Guam, Puerto Rico, and the U.S. Virgin Islands are legally defined as natural born citizens, and are, therefore, also eligible to be elected President.<sup>[46]

https://en.wikipedia.org/wiki/United...S._territories</sup>

8 U.S. Code § 1402 - Persons born in Puerto Rico on or after April 11, 1899

Current through Pub. L. 114-38.
(See Public Laws for the current Congress.)

• US Code
• Authorities (CFR)

All persons born in Puerto Rico on or after April 11, 1899, and prior to January 13, 1941, subject to the jurisdiction of the United States, residing on January 13, 1941, in Puerto Rico or other territory over which the United States exercises rights of sovereignty and not citizens of the United States under any other Act, are declared to be citizens of the United States as of January 13, 1941.

All persons born in Puerto Rico on or after January 13, 1941, and subject to the jurisdiction of the United States, are citizens of the United States at birth.

(June 27, 1952, ch. 477, title III, ch. 1, § 302, 66 Stat. 236.)

https://www.law.cornell.edu/uscode/text/8/1402

H.R.727 - Puerto Rico Statehood Admission Process Act

114th Congress (2015-2016)

BILL

Sponsor:	Rep. Pierluisi, Pedro R. [D-P.R.-At Large] (Introduced 02/04/2015)
Committees:	House - Natural Resources
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Summary: H.R.727 — 114th Congress (2015-2016) All Bill Information (Except Text)


There is one summary for H.R.727. Bill summaries are authored by CRS.

Shown Here:
Introduced in House (02/04/2015)

Puerto Rico Statehood Admission Process Act

Authorizes the State Elections Commission of Puerto Rico to provide for a vote on Puerto Rico's admission into the Union as a state within one year of this Act's enactment.

Requires the governor of Puerto Rico to transmit the results of such vote to the President, the Speaker of the House of Representatives, and the President Pro Tempore of the Senate within 10 days after the certification of the vote by the Commission.

Directs the President, if a majority of the votes cast are for Puerto Rico's admission as a state:

(1) within 30 calendar days of receipt of the certified results, to issue a proclamation to begin the transition process that will culminate in Puerto Rico's admission as a state effective January 1, 2021; and (2) within 90 calendar days of such receipt, to appoint a Commission on the Equal Application of Federal Law to Puerto Rico, which shall survey U.S. laws and submit recommendations to Congress by July 1, 2018, as to how laws that do not apply, or that apply differently, to the territory should be amended or repealed to treat Puerto Rico equally.

Requires Puerto Rico to carry out necessary actions by January 1, 2020, to enable it to hold elections for federal office in November 2020, including the election to the 117th Congress of two U.S. Senators and the number of Representatives to which it would have been entitled for the 116th Congress if it had been a state during such Congress. Provides for a temporary increase in the membership of the House of Representatives initially and a permanent increase effective with the taking effect of the first reapportionment occurring after the regular decennial census conducted for 2020.

Requires the President, following a transition process, to issue a proclamation declaring that Puerto Rico is admitted to the Union on an equal footing with the other states, effective January 1, 2021.

Sets forth provisions regarding the continuity of government and the continuity of laws of Puerto Rico.

https://www.congress.gov/bill/114th-...house-bill/727

Originally Posted by pkskyali

It's a little strange, the relevant title version in HTML is missing. But in the PDF version from 1952, I see confirmation of that law:

Title III, Chapter 1, Sec 301, (a) The following shall be nationals and citizens of the US at birth: (4), for example, "a person born outside of the US ... of parents one of whom is a citizen of the US, who has been physically present in the US ... for a continuous period of one year prior to the birth ... and the other of whom is a ... not a citizen of the US."

Now this is an old law and many have been changed in the act. I reject it and this same law makes citizens out of resident of Puerto Rico and other "territories" of the US, which I also reject.

If this act has legitimacy then we can change it and we must. We must reject the US citizenship of anyone not born of two US citizens. And as a political matter I do that now already and their descendants as well. This has got to stop.

That is a good issue to consider but a separate issue than the important election issue before US concerning a natural born citizen in Article II of the US Constitution which of course requires born in the USA to 2 US citizens.

That law which you found simply makes them a citizen, eligible for Congress, but not a natural born citizen eligible to run for President or Vice President.

Originally Posted by Judy

That is a good issue to consider but a separate issue than the important election issue before US concerning a natural born citizen in Article II of the US Constitution which of course requires born in the USA to 2 US citizens.

That law which you found simply makes them a citizen, eligible for Congress, but not a natural born citizen eligible to run for President or Vice President.

RE: Originally Posted by pkskyali . . .

Now this is an old law and many have been changed in the act. I reject it and this same law makes citizens out of resident of Puerto Rico and other "territories" of the US, which I also reject.

Congressional Research Service Report number RL30527 of April 17, 2000, titled "Presidential Elections in the United States: A Primer" asserts that citizens born in Guam, Puerto Rico, and the U.S. Virgin Islands are legally defined as natural born citizens, and are, therefore, also eligible to be elected President.<sup>[46]

https://en.wikipedia.org/wiki/United...S._territories</sup>

Originally Posted by JohnDoe2

Congressional Research Service Report number RL30527 of April 17, 2000, titled "Presidential Elections in the United States: A Primer" asserts that citizens born in Guam, Puerto Rico, and the U.S. Virgin Islands are legally defined as natural born citizens, and are, therefore, also eligible to be elected President.<sup>[46]

https://en.wikipedia.org/wiki/United...S._territories</sup>

They would not be natural born citizens because they're a territory of the US, not part of the US. No, Luis Guiterrez is not eligible to be President of the United States. So, forget it Luis!! He's probably in charge of the Committee in 2000 that overseas the Congressional Research Service.

You can't trust any of these organizations any more. They're too infiltrated with wannabes.

Natural Born Citizen - Born in the USA (50 states) to 2 US Citizens.

Congressional Research Service Careers



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As a legislative branch agency within the Library of Congress, CRS has been a valued and respected resource on Capitol Hill for more than a century.

CRS is well-known for analysis that is authoritative, confidential, objective and nonpartisan. Its highest priority is to ensure that Congress has 24/7 access to the nation’s best thinking.

This website provides information about our organization, career opportunities and our services to Congress.

http://www.loc.gov/crsinfo/

Something has gone terribly wrong with the "nation's best-thinking", because our Congress is the stupidest bunch of people in the world. And they need to update their website because no research group is "authoritative". They are simply to inform and it appears they can't even get that right.