WHAT IS THE DEFINITION OF “IMMIGRANT?”
by Sharon Rondeau, h/t GW
Hirono, who ran against former Hawaii Governor Linda Lingle for the seat in 2012, makes no secret of the fact that she was “an immigrant” naturalized as a U.S. citizen in 1959, which coincided with the admission of Hawaii to the union as its 50th state.
Hirono was born on November 3, 1947 in Fukushima, Japan to a Japanese father and U.S.-citizen mother who apparently did not lose her U.S. citizenship. The senator’s life story states that her mother, Laura, left an abusive, alcoholic husband in Japan to return to her native land with her two young children. Mazie was seven years old at the time.
Hirono attended the University of Hawaii and eventually Georgetown University Law School. After working as an attorney in the office of the Hawaii Attorney General, Ms. Hirono decided to enter public service and successfully ran for the Hawaii House of Representatives, serving seven consecutive terms. She also served as Hawaii’s lieutenant governor from 1994 to 2002 under Gov. Ben Cayatano.
On November 6, 2012, the Wall Street Journal’s “Japan” section reported that Hirono, who had served in the U.S. House of Representatives from January 3, 2007 to January 3, 2013 from Hawaii’s Second District, had won the U.S. Senate seat vacated by Sen. Daniel Akaka, who retired.
Article I of the U.S. Constitution requires that U.S. senators and representatives be “a citizen of the United States” in order to serve.
As a result of her personal experiences, Hirono is a strong advocate of “immigration reform” and the concept of keeping family members who might be affected by any legislation united.
U.S. Sen. Ted Cruz, who declared himself a presidential candidate one year and one day ago, was born in Calgary, Alberta, Canada to a U.S.-citizen mother and a Cuban father. His life story relates that after his father left his mother and him to resettle in Houston as a Canadian citizen, the elder Cruz reconsidered his decision and reunited with his wife and son in Houston in 1974.
It is unreported on what basis the young Cruz and his mother were able to enter the U.S. at the time.
Article II, Section 1, clause 5 of the U.S. Constitution requires the president and commander-in-chief to be a “natural born Citizen.” When questioned by a reporter in 2013 about any plans to seek the presidency given the “natural born” requirement, Cruz would say only that having been born to a U.S.-citizen mother in a foreign country, he held U.S. citizenship. When pressed as to whether or not he is a “natural born Citizen,” by the reporter, Jorge Ramos, himself a naturalized U.S. citizen, Cruz dismissively said that he would “leave it to others to worry about the legal consequences” should he decide to run.
Earlier in the same year, Fox News’s seasoned political reporter, Carl Cameron, stated that Cruz was ineligible to run given his birth in Canada.
Cruz now insists that a child born abroad to one U.S.-citizen parent is a “natural born Citizen.” In an interview in January, Cruz told CNN’s Dana Bash that “The legal issue is straightforward. The son of a U.S. citizen born abroad is a ‘natural born Citizen,'” although relying on the Naturalization Act of 1790, which was repealed and replaced by the Naturalization Act of 1795 and omitted the1790 reference to “natural born Citizens.”
Cruz eventually told Bash during the interview, “I”m not going to engage in this” as a result of what he said were more pressing issues facing the American people. Barack Hussein Obama had said something similar on April 27, 2011, the day his long-form birth certificate was posted on the White House website. The image was later found by criminal investigators to be a “computer-generated forgery.”
An essay written by two former solicitors general published just days before Cruz announced his candidacy makes the case that Cruz is eligible, regardless of his place of birth or foreign-citizen father. However, the authors, Neal Katyal and Paul Clement, admit that “for better or worse, a naturalized citizen cannot serve.”
While some attorneys and legal scholars claim that Cruz is eligible to be president, citing “an emerging consensus” on the issue, other constitutional and legal scholars disagree, citing Cruz’s foreign place of birth and foreign-citizen father. Many Americans who have studied the “natural born Citizen” issue since questions arose about Obama’s eligibility in late 2007 believe that the Founding Fathers included the term of art in Article II at the urging of John Jay to protect the nation’s highest office from foreign influence.
Rep. John Bingham, considered the author of the 14th Amendment, stated that a man imprisoned in Spain who was born in the U.S. to citizen parents was a “natural born Citizen.” In March 2011, then-Atty. Leo Donofrio quoted Bingham’s exact words:
“As to the question of citizenship I am willing to resolve all doubts in favor of a citizen of the United States. That Dr. Houard is a natural-born citizen of the United States there is not room for the shadow of a doubt. He was born of naturalized parents within the jurisdiction of the United States, and by the express words of the Constitution, as amended to-day, he is declared to all the world to be a citizen of the United States by birth.” (The term “to-day”, as used by Bingham, means “to date”. Obviously, the Constitution had not been amended on April 25, 1872.)
From the new nation’s earliest days through 1922, an immigrant woman who married a U.S. citizen became a U.S. citizen herself; therefore, the condition of “dual citizenship” did not exist at the time.
When Cruz was born in Canada in 1970, dual citizenship was not recognized there.
Although The Dallas Morning News reported in August 2013 that Cruz was born with both U.S. and Canadian citizenship on December 22, 1970, Cruz has produced no documentation supporting that contention. Through numerous FOIA requests made to the U.S. government and inquiries made to the Canadian government over the last year, The Post & Email has been able to acquire only one page of documentation bearing Cruz’s name, a Selective Service registration form reportedly generated after Cruz applied for federal financial aid to attend college.
While a growing number of citizens and this publication have clamored for Cruz to release documentation of his claimed U.S. citizenship at birth, Cruz has continued to campaign and win primary delegates without providing a response.
Some have speculated that, contrary to a claim made by Cruz’s U.S. Senate office to The Dallas Morning News, Cruz’s parents never registered him as a U.S. citizen born abroad at birth or shortly thereafter and that he became a naturalized citizen at some point, perhaps in 1986, when nearly 3 million illegal aliens were protected from deportation by a change in immigration law passed by Congress and signed by then-President Ronald Reagan.
Last week, a child born abroad to two natural born U.S. citizens, one of whom was serving as a corporal in the U.S. Army, provided his or her birth registration as recorded by the U.S. State Department’s Foreign Service office in Germany in 1957. The individual additionally informed The Post & Email that when registering for the military him- or herself after high school, he or she was required to present a “Naturalization Certificate.”
How, then, can Ted Cruz claim to be a “natural born Citizen?”
In her life narrative, Hirono states, “With my background and experiences, I never forget where I came from or who I fight for and why.”