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To: FreeReign
He was naturalized at birth

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 years, 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 288 of title 22 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 288 of title 22, 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.

69 posted on 07/21/2013 10:17:14 AM PDT by Ray76 (An armed society is a polite society.)
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To: Ray76

Bump.


70 posted on 07/21/2013 10:18:49 AM PDT by Cringing Negativism Network
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To: Ray76
He was naturalized at birth 8 U.S.C. § 1401 The following shall be nationals and citizens of the United States at birth:

How is somebody who is naturalized at birth not a "natural born citizen"?

Definition: Naturalization – Acquisition of U.S. Citizenship Subsequent to Birth:

77 posted on 07/21/2013 10:28:22 AM PDT by FreeReign
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To: Ray76
To be specific about the statute that made Cruz a citizen:



under Sec. 301 (a) of the Immigration and Nationality Act of 1952,

“a. Section 301 as Effective on December 24, 1952: When enacted in 1952, section 301 required a U.S. citizen married to an alien to have been physically present in the United States for ten years, including five after reaching the age of fourteen, to transmit citizenship to foreign-born children. The ten-year transmission requirement remained in effect from 12:01 a.m. EDT December 24, 1952, through midnight November 13, 1986, and still is applicable to persons born during that period."

Statutes can be changed, rescinded or abolished by legislation, or by decree and edict.

81 posted on 07/21/2013 10:31:40 AM PDT by Red Steel
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To: Ray76
He was naturalized at birth

Exactly. Congress only has power over Naturalization, granted in Article I, section 8

The Congress shall have Power

...

To establish an uniform Rule of Naturalization ...

They were granted the power of changing the definition of Natural born. So, if one is a citizen solely because of a law passed by Congress, then one must be considered naturalized, either at birth by statute, or the more usual way of applying for citizenship, taking the oath, and having a certificate of naturalization, like my sister in law and step niece.

My step niece came here when she was not much over 6 years old.. but she came legally, and eventually got a green card and finally was naturalized, early this year. When I met her, she had the cutest little girl Russian accent, but it was gone in a year.

That's in part why BO and now some Re-pube-licans proposal to grant both amnesty and a path to citizenship to people brought here illegally as children rubs me the wrong way, Amnesty for them, OK, they didn't commit a crime, their parents did. Permanent resident status, yea I'd go for that too, for that restricted class of people. But no citizenship, except by service in the Armed Forces of the US.

243 posted on 07/21/2013 1:16:24 PM PDT by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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