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

by LAWRENCE SELLIN, PHD February 11, 2016


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.


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