Not a birther issue . . . all seem to know 'Lucifer in the Flesh' was born in Calgary, Alberta, Canada in 1970.
But for Chester Arthur they didn't know what side of the Canada border -
and after legal proceedings there was not enough evidence if the family lived across the Vermont border in Canada when he was born.
Cruz was a
Canadian citizen BY birth, until 2014 -
with one US parent he could be a US citizen once
naturalized IN the United States but he had to be here at some time early in life.
Everyone born in 1970 in a foreign nation to one US citizen-parent is a statutory derivative citizenship regulated by the 1952 Naturalization Act -
with a residence requirement that if not met by that US law then INS can deport.
"Ramos asserts that one who acquires American citizenship at birth under § 1993 cannot lose that citizenship
due to failure to comply with the residence requirement when noncompliance is the result of ignorance of that requirement."
Ramos Hernadez v. INS 566 F.2d 638 (Ninth Ct. 1977)
citing Section 1993 for the 1939 born Ramos . . .
"In cases where one of the parents is an alien, the right of citizenship shall not descend unless the child comes to the United States and resides therein
for at least five years continuously immediately previous to his eighteenth birthday,
and unless, within six months after the child's twenty-first birthday, he or she shall take an oath of allegiance to the United States of America
as prescribed by the Bureau of Naturalization."
A natural born citizen could only get stripped of their native born US citizenship for much more egregious acts than ignorance of a residence requirement - like the Philadelphia-born "natural born citizen" being a Nazi fighting against the United States.
"Fact that defendant was natural born citizen did not preclude action by government to revoke . . ."
U.S. v. Schiffer 836 F.Supp 1164 (ED Pa 1993); U.S v. Schiffer 798 F.Supp. 1128 (ED Pa 1992)
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