Did Ted Cruz enter the U.S. illegally in 1974?

by Lawrence Sellin, PhD, Family Security Matters

This article is a statement of the facts, and is not meant to, or intended to, be interpreted as a political endorsement, or lack thereof, of any political candidate. Family Security Matters takes no political point of view whatsoever.

Exactly how and when did Ted Cruz obtain U.S. citizenship?

The fact that it is still an open question at this stage of the Presidential campaign is a testament either to the galactic ignorance of our political-media elite or their willingness to place political expediency ahead of the Constitution and the law.

There is no third alternative.

Rafael Edward “Ted” Cruz was born in Calgary, Alberta, Canada on December 22, 1970 and remained a Canadian citizen until he officially renounced it on May 14, 2014, eighteen months after taking the oath of office as a U.S. Senator. At the time of his birth, Cruz’s father was a citizen of Canada and his mother was a U.S. citizen.

Legally, Cruz could have obtained US citizenship through his mother consistent with Public Law 414, June 27, 1952, An Act: To revise the laws relating to immigration, naturalization, and nationality and for other purposes [H.R. 5678], Title III Nationality and Naturalization, Chapter 1 – Nationality at Birth and by Collective naturalization; Nationals and citizens of the United States at birth; the relevant section being 301 (a) (7):

“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 ten years, at least five 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 by such citizen parent may be included in computing the physical presence requirements of this paragraph.”

In that case, Cruz’s mother should have filed a Consular Report of Birth Abroad of a Citizen of the United States of America (CRBA) with the nearest U.S. embassy or consulate after the birth to document that the child was a U.S. citizen.

According to Cruz spokeswoman Catherine Frazier, Cruz’s mother did register his birth with the U.S. consulate and Cruz received a U.S. passport in 1986 ahead of a high school trip to England.

There are two apparent contradictions regarding how and when Ted Cruz obtained US citizenship.

First, according to the Canadian Citizenship Act of 1946, also referred to as the “Act of 1947,” Canada did not allow dual citizenship in 1970. The parents would have had to choose at that time between U.S. and Canadian citizenship. Ted Cruz did not renounce his Canadian citizenship until 2014. Was that the choice originally made?

Second, no CRBA has been released that would verify that Ted Cruz was registered as a U.S. citizen at birth.

It has been reported that the then nearly four-year-old Ted Cruz flew to the U.S. from Calgary, Alberta, Canada in 1974.

Ted Cruz could not have entered the U.S. legally without a CRBA or a U.S. passport, the latter of which was not obtained until 1986.

If Ted Cruz was registered as a U.S. citizen at birth, as his spokeswoman claims, then the CRBA must be released. Otherwise, one could conclude that Cruz came to the U.S. as a Canadian citizen, perhaps on a tourist visa or, possibly, remained in the U.S. as an illegal immigrant.

It is the responsibility of the candidate for the Presidency, not ordinary citizens, to prove that he or she is eligible for the highest office in the land. Voters deserve clarification.

Even assuming a CRBA was filed, the weight of the legal evidence indicates that Ted Cruz is a naturalized U.S. citizen because he was born outside of the jurisdiction of the U.S. and obtained U.S. citizenship by an Act of Congress (Article 1 Section 8 of the Constitution). As a naturalized citizen, he is not eligible for the Presidency (Article 2 Section 1 Clause 5 of the Constitution).

It is disturbing to this writer that, Ted Cruz, a man who claims to be a “principled conservative” and a staunch supporter of the Constitution, should be so opaque about his personal history and unwilling to release his records.

Does that sound familiar?

Lawrence Sellin, Ph.D. is a retired colonel with 29 years of service in the US Army Reserve and a veteran of Afghanistan and Iraq. Colonel Sellin is the author of “Restoring the Republic: Arguments for a Second American Revolution “. He receives email at lawrence.sellin@gmail.com.

3 thoughts on “Did Ted Cruz enter the U.S. illegally in 1974?”

  1. Frederick Colbourne

    What you need to claim to achieve your goal is that Senator Cruz is not an American citizen at all.

    Because if Senator Cruz is an American citizen he is either a NATURALIZED American citizen or a NATURAL-BORN American citizen. There is no other kind of American mid-way between naturalized and natural-born.

    There is no legal way for Senator Cruz to be now an American citizen unless he is a natural-born American, because we know he was never naturalized as an American after the age of four.

    We should not confuse the registration of birth of an American citizen with citizenship status itself. The right to citizenship is a matter of constitutional and statute law whereas registration as an American is administrative procedure that records but does not confer citizenship. (The UK uses a registration procedure for Commonwealth citizens becoming UK citizens. But the US has no third route to citizenship.)

    Senator Cruz is a natural-born citizen by descent (jus sanguinis) because his mother was at the time of his birth a US citizen, in her case by birth in the US (jus soli).

    Entry into the US from Canada. In 1974, both US and Canadian citizens could enter the US without a passport. In 1974 Canadian drivers just showed their driving license to cross at Buffalo or Niagara Falls. Canadians and Americans rarely showed passports when crossing by land or water. Air travel was a little tighter, but the legal position was no different: Canadians and Americans could cross the border without passports.

    Would any court in America consider entry into the US of an American child to be unlawful whatever the circumstances?

    In 1974 a Canadian lost citizenship, if by a voluntary act he acquired citizenship of another country. But that did not apply to Senator Cruz because birth is not a voluntary act. In any event Canada's law regarding dual citizenship has no force in the US and is irrelevant to Senator's Cruz's status under US law.

    What is not allowed by US law is for an American to acquire voluntarily the citizenship of another country. As I understand US law, dual citizenship is allowed provided that it occurs at birth.

    A person may acquire citizenship of another country by an involuntary act. For example, birth in America to an American citizen who was born in Canada. Or birth in Canada to an American citizen. In both cases, the person may be a natural-born (as opposed to a naturalized) American citizen.

    In my opinion, to claim that Senator Cruz is not a natural-born US citizen, you need to claim he is not a US citizen at all.

  2. Dear Frederick, Thank you for your comment. My concern is who will do anything about it?

    Of course it will not matter in this election if Trump wins the nomination.Trump could file a lawsuit against Cruz and even threatened to this week. But Trump has to consider the political implications of doing so. Voters might react to such a lawsuit by rejecting Trump. So it's very complicated.

    If a large number of voters cared about eligibility, it would be possible for Trump to win. But data show virtually no voters care. If they did care, they would reject Cruz. I find it hypocritical that Cruz voters claim to be constitutionalists, yet they don't care if Cruz is inelegible.

    There are a few private lawsuits but so far no private lawsuit has gotten to first base.

  3. I find it odd that you claim to have no stake and take no political stance yet you seem to back Trump just by your answer to the reply given by Mr. Frederick Colboure. That seems a bit disingenuous to me. Another point is that Ted Cruz having arrived here in the United States at the age of 4 never gave it a thought that he was not an American and even having studied constitutional law never considered himself not a citizen until it was questioned after he became a senator and immediately rectified the situation. When one is brought up to be an American from the age of 4 and your parents just take it for granted that you are a citizen because the mother is a natural born citizen why would you question it until someone brings it to light. So far the courts in every state have thrown out the lawsuits and I for one believe him to be a citizen and an oversight is not grounds for dismissal. just like I never questioned Obama being a citizen. (In case one throws that in) I will take Cruz as president anytime.

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