Diary

Yes, Ted Cruz was a U.S. citizen the very day that he was born

Yes, there are still a lot of people out there on the Internet arguing all sorts of things. 9/11 was an inside job.  The moon landings were fake.  Ted Cruz isn’t eligible to be President.

Instead of arguing with people on the same topic multiple times, I thought it would be easier to to just go through the applicable statute one time.

Ted Cruz was born in 1970.  His dad was not a US citizen.  His mom was a US citizen who grew up in the United States.

Section 301(g) provides that Cruz was a US citizen at birth.

INA: ACT 301 – NATIONALS AND CITIZENS OF THE UNITED STATES AT BIRTH

Sec. 301. [8 U.S.C. 1401] The following shall be nationals and citizens of the United States at birth:

(a) a person born in the United States, and subject to the jurisdiction thereof;

(b) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;

(c) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;

(d) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;

(e) a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;

(f) a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States;

(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five year, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 1 of the International Organizations Immunities Act (59 Stat. 669; 22 U.S.C. 288) by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 1 of the International Organizations Immunities Act, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date; and

(h) a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the United States.

Lets go through the language in 301(g) in slow motion so that there is mistake.

(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States

Ted’s mom was a US citizen on the day that Ted was born.  Ted’s dad was not a US citizen on the day Ted was born.  So far, Ted is covered with US citizenship at birth.

who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years

Yes, Ted’s mom lived in the US while she was growing up.  She lived more than five years in the US before the birth of Ted in 1970.  So far, Ted continues to be covered with US citizenship at birth.

at least two of which were after attaining the age of fourteen years

Yes, Ted’s mom lived in the US while she was 15 and while she was 16.  Except for the 3 years immediately prior to Ted’s birth when she lived in Canada, Ted’s mom lived in the US for her entire life.  There are no other statutory requirements.

So yes, Ted was a citizen of the US on  December 22, 1970–the day on which he was born.

So yes, Ted is a natural born citizen of the US.

So yes, Ted is constitutionally eligible to be President of the United States.

 

Relevant Links

8 USC 1404 – US Citizenship and Immigration Services Website

8 USC 1404 – Cornell Law University Website

8 USC 1401 – Findlaw Website