by Dwight Kehoe, Editor, TPATH, ©2016

(Apr. 8, 2016) — There has been speculation across the social media spectrum this past week that something big was about to be revealed concerning Ted Cruz.  I’m not referencing any of his purported dalliances with those to whom he was not married, but something quite a bit more troubling.

As we all know, there is a great dispute among the ideologues, the judiciary and political pundits concerning what the founders intended to be the requirement for a candidate to be considered a “Natural Born Citizen” and therefore eligible to hold the office of American President.  Senator Cruz’s troubles may be much more problematic than his status relating to that particular phrase in Article II.

It is important for readers of this article to know, this writer is more than confident that Ted Cruz does not qualify as a Natural Born Citizen.  Many have said, “We need to drop this issue because no one cares about what it actually means.”  The only concerns any one of these people have are if their illegal candidate has the proper ideology or that any definition of the term will not impact the legitimacy of Obama.

No one could argue that no matter what the description of a Natural Born Citizen could be or should be, the President of the US must be at least a citizen.  There now appear to be some very important questions relating to that quite minimal requisite.

Here are some facts. First we will discuss what is required by Canadian law to be a citizen of Canada.  Keep in mind that Canadian law has no relevance nor control over U.S. law, except that it references what would be required for foreign parents giving birth on Canadian soil to have that child be a Canadian citizen.  Any child born to legal residents on Canadian soil is automatically a Canadian Citizen and would be issued a Canadian birth certificate to that effect.  Understanding that some foreign residents or workers may not want their child to be a Canadian citizen, laws were enacted which would halt the automatic citizenship.   The parents would have had to report the birth to the Consulate of the country where the parents were citizens, in Cruz’s case, either the U.S. Consulate or the Cuban Consulate.

It would have been legal under U.S. law for the parents to apply for citizenship later, even if the child already had a Canadian BC.  They would have to have applied to the American Consulate for an application or from the U.S. State Department.  They would have had to get this application either at the time of birth or a later date not exceeding the child’s 18th birthday.   It is called the “Application for Consular Report of Birth Abroad.”

This application is extensive and requires payment of a fee. It is $100 now, but it may have been less expensive 40 years ago.  The parents were required to supply much information and apply their signatures to the application in witness of a U.S. Official.  Once this process is complete and approved, the child will receive the Certificate of Consular Birth Abroad (CRBA).  That certificate confers upon the holder naturalized citizenship.  Without the CRBA, no person born outside the country while his parents were residents outside the country is a citizen. (Exceptions exist for parents in service of their country, which does not apply to Cruz.) Once that person has been issued a CRBA he would be legally permitted to obtain a Social Security number, an American passport, etc.

This following text was copied directly from the State Department website:

“Children who acquire U.S. citizenship by birth abroad to a U.S. citizen receive a Consular Report of Birth Abroad (CRBA), the equivalent of a U.S. birth certificate.”

It must be, therefore, that for any child to be a naturalized citizen of America his parents would have had to go through the application process and obtain the CRBA.  Without that certificate any child born in Canada would remain only a Canadian citizen until such time as an application was filed and then granted by the State Department.

Regardless of whether or not the parents returned to the U.S., their child would not be an American citizen.  And if such a person, upon reaching adulthood, had not filed and been approved to hold a CRB, and then denounced his Canadian citizenship, he would then, in all that is logical, simply be a man without a country.  Denouncing a citizenship from one country does not automatically grant citizenship of another, even if one might be living in a particular country.

In the final analysis there are several important issues which need to be examined.

Does Ted Cruz have a Canadian Birth Certificate?  Because if he does, it would suggest that his parents, at least at the time of his birth, did not file for American citizenship with the American Consulate in Canada.

Does Ted Cruz have a CRBA, and when was the application filed in the American Consulate; or if done later, the State Department?

If Ted Cruz does not have a CRBA, he is not an American citizen and will not be until such time that he files and is approved.

If Ted Cruz does not have a CRBA and has a Social Security number, a crime may have been committed in obtaining that number.

If Ted Cruz does not have a CRBA and has denounced his legal citizenship of Canada, he is now a citizen of no country, except possibly Cuba.  (This writer is not familiar with nor does he care about Cuban citizenship requirements)

If Ted Cruz has only a Canadian Birth Certificate and an American mother who was living in Canada when he was born, he is not an American Citizen.

If Ted Cruz does not have a CRBA he is illegally holding the political office of United States Senator, because he is not a citizen.

If Ted Cruz does not have a CRBA he is not a naturalized citizen, and won’t be until such time that he goes through the application process.

If Ted Cruz is not a naturalized citizen, he surely can’t be a Natural Born Citizen and certainly is not eligible to be Commander in Chief of America.

All of this may well be moot if in fact Cruz can produce the CRBA.  I have scoured many documents and websites including those put up by Ted Cruz.  To this date no CRBA has been found or even mentioned.  He may have one someplace.  If he does he’s good to go as far as not having an illegally-obtained Social Security number and he’s okay as far as holding the office of US Senator, depending of course that the date on the CRBA predates those other events.

Some might even suggest that given what we know about Cruz’s mother, that she was born in America; “What’s the big deal?  Why should he have to go through the application process just to get a piece of paper which says what we already know?”

To that it should be noted, first, it’s the law and second, it’s the law for a good reason.   That object being, of course, the government requires more proof of lineage beyond the word of an individual.  People, it may come as a surprise to some, have been known to lie.  Rafael “Lyin’ Ted” Cruz is perhaps the greatest example of why the country needs to have foreign-born people acquire a CRBA.

A concluding thought:  Cruz is a very well-trained lawyer who knows the law. Why, then, has he not long ago gone through the process of getting official proof and documentation of his right to be a naturalized citizen?  Is it possible that that process might reveal something? Who knows? But before we put yet another unknown entity into our White House, wouldn’t it seem a good idea to find out?

Unfortunately for Ted Cruz, even if he has the CRBA and is a legally naturalized citizen, he will never, ever be Natural Born.

If anyone has a copy of Cruz’s CRBA, please make it available to me or tell me where it can be seen.  Cruz has been asked about this document and has said he did not have to go through that process.  Maybe because he’s so darned special.  In his mind he may not have had to, but under the law, he does.

By the way, Obama may have a few people who are probably a bit more sophisticated in the use of PhotoShop than they were a few years ago.  Cruz may want to contact them.

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  1. sharon,

    do you know if the microfilm file information which he is getting is for something earlier than the 1974 general election? the problem with the 1974 list is that while it is a little more than suggestive that both eleanor and rafael b had obtained citizenship, felito was born in 1970. would be nice to find calgary municipal or alberta provincial voter lists for 1970 or earlier. finding them on a list prior to ted’s birth could really cause some heat.

  2. just received confirmation that the dos would begin processing the foia request which i had filed on march 23, which appears above. they said they would begin the processing of my request based upon the information provided in my request. they also said they would notify me as soon as responsive material had been retrieved and reviewed.

    because they included an insert which said that since i had not provided an authorization letter signed by the subject of records (read cruz family) that the information released would be severely restricted to protect the privacy of another individual.

    i returned an email acknowledging receipt of their letter with some clarification material and sent it to them at FOIAstatus@state.gov.

    Thank you for the confirmation of my FOIA request, Case Number F-2016-02137. Since you included a page regarding the Authorization for the Release of Records to Another Individual, I just wanted to make sure we were on the same page regarding that matter.

    I was requesting information as a private citizen under the Freedom of Information/Privacy Act. I am not the Subject of Records for the records being requested and I am not representing the Subject of Records. However, I do assert the disclosure of the Subject of Record’s information would further a public interest recognizable under the FOIA.

    I did not nor will I be able to provide the authorization form DS-4240 but as your enclosed information to me stated, the DOS will nevertheless process my request, but release of records will be severely restricted to protect the privacy of another individual.

    I would like to point out that the The Privacy Act of 1974 was enacted on December 31, 1974 and was not retroactive in respect of some of the documents I am requesting. To clarify, The Privacy Act of 1974 (5 U.S.C. Section 552 (a) Definitions) states as follows:

    For the purpose of this section–

    (2) the term “individual” means a citizen of the United States or an alien lawfully admitted for permanent residence.

    Regarding the requested items, documents pertaining to Rafael B. Cruz should not be withheld because he was neither a U.S. citizen for the time period in question and he was not a permanent resident either since he had removed himself from the United States in or around 1968 and became a Canadian citizen reportedly in 1970. When he returned to the United States (once in 1973 and then again in late 1974 or 1975) he did so as a Canadian citizen. He did not renounce his Canadian citizenship until 2005 at which time he became a naturalized U.S. citizen.

    If Rafael and Eleanor actually filed a Consular Report of Birth Abroad in Canada when their son, Rafael Edward Cruz, was born, I had also requested copies of a marriage certificate of the parents (the marriage was purportedly performed in Canada in 1969) as well as evidence of the termination of any marriages. Regarding the termination of marriage documents, I would like to point out that these items for Rafael are in the public domain. They include the Petition for An Absolute Divorce (file number 464-227) Granted in the Civil District Court for the Parish of Orleans, State of Louisiana on the 20th day of September, 1968 in the matter of Mrs. Julia Garza, wife of Rafael B. Cruz vs Rafael B. Cruz. They are available in a completely unredacted form.

    It should also have included the divorce record for Eleanor Darragh Wilson who was married to Alan B Wilson for a marriage performed in Texas in or around 1956 with a divorce granted in London, England sometime between 1963 and 1965. The Wilson divorce records are in London and I do not have a file number for them. To the best of my knowledge, Alan Wilson is still alive and continues to reside in London. So personal information, such as an address in London, might be considered private information and might be redacted. Other than that type of thing, there should be nothing in that divorce record, the release of which would be considered to constitute an unwarranted invasion of privacy.

    The release of the A-File number of Rafael B Cruz, which was assigned to him when he came to the United States on a Student F-1 Visa should also not be protected since Rafael B Cruz was neither a U.S. citizen nor a permanent resident at that time.

    Regarding the request for any Calgary Consular forms which may be been issued regarding Rafael B. Cruz and his ability to enter the United States as a result of his marriage to Eleanor, I would like to point out again that Rafael, at that time, was neither a U.S. citizen nor a permanent resident and therefore would not be considered an “individual” as that term is defined in The Privacy Act.

    If there is no record of a Consular Report of Birth Abroad obtained in Canada for Eleanor and Rafael’s son, Rafael Edward Cruz, I would request a confirmation that no CRBA could be found. If on the other hand there is a CRBA, then release of most of the information contained on the CRBA and its underlying documentation should not be considered to reasonably constitute an unwarranted invasion of privacy. As i theorized in my original request, it is possible that a CRBA was requested in Houston, TX in or around 1986.

    If no CRBA for Rafael Edward Cruz was filed from the time of this birth in Calgary, Alberta, Canada on December 22, 1970 until the time the family left Canada to return to the United States in 1974/1975, then that would mean that Rafael Edward Cruz entered the United States as a Canadian citizen and therefore any information pertaining to him in the documents requested would not be protected under The Privacy Act of 1974 since, by definition, he was not an “individual” as defined in the Act.

    There has been a lot of speculation regarding how Rafael B. Cruz was able to obtain Canadian citizenship in what appears to have been a shorter than mandated time frame. One of the theories put forward was that Eleanor obtained British citizenship during the time she was living in London (1960-1967) and was able to not only become a Canadian citizen after only one year in Canada, but obtain citizenship for Rafael when they married as a result of her citizenship. This is pure speculation at this point but is why I requested evidence of Eleanor’s citizenship, which she would have had to have shown for a CRBA for her son, Rafael. Providing documents (even if redacted for personal information) evidencing proof of citizenship should not be considered as an unwarranted invasion of personal privacy.

    While I do not anticipate this to be an overabundance of material, I would request that it be released on a rolling basis as is the stated policy of the State Department.


    David Pickhardt

  3. Someone should request voter records for the parents from Calgary! If Ted’s mother (Eleanor) ever voted in Canadian elections, then she gave up her U.S. citizenship to do so.

  4. if you look at the image of the consular report re: michael wilson’s death, pay attention to the remarks section at the bottom:


    “deceased included in mother’s passport”

    now, advance to ted’s birth in canada. there were three ways in which a child born abroad to an american parent could be designated a citizen:

    file and receive a consular report of birth abroad;
    obtain a u.s. passport for the child at the time of birth; or
    have the name of the child listed on the passport of the parent.

    for michael’s death, eleanor did two of the three. she obtained a consular report and she had the child’s name listed on her passport.


    My speculation is that she had no intention of ted ever becoming a u.s. citizen. she fled to canada with rafael (who most likely did so to avoid conscription in the u.s. military during the viet nam conflict) and had it not been for the oil industry collapse which pretty much destroyed their canadian company, ted would be running for parliament or the prime minister’s seat.

    OH Canada! With prescience, you looked at our most hallowed symbol and conspired to send us this wretched refuse.

  5. I filed the following FOIA request with the DOS and received a case number. Certainly no way near as far along as some requests but at least it is in the mix.

    March 23, 2016

    Office of Information Programs and Services
    Department of State, SA-2
    Washington, DC 20522-8100
    VIA FAX: (202) 261-8579

    Re: Freedom of Information Act Request

    Records related to Eleanor Elizabeth Darragh Wilson Cruz which would support the entry into the United States of her Canadian-born child, Rafael Edward Cruz, the Current United States senator from Texas and Republican presidential primary candidate as well as the entry into the United States of her Cuban-born Canadian citizen husband, Rafael Bienvenido Cruz, whom she married while living and working in Canada.

    To Whom It May Concern:

    The information I am requesting as a private citizen is being made under the fee category “All Other Requests” and a Fee Waiver is being requested for the following reasons:

    Since Ted Cruz is a sitting United States senator and a Republican primary candidate for president, it is my feeling that the subject of this request would concern the operations or activities of the government;

    Since there have already been a number of lawsuits challenging Senator Cruz’s legitimacy as a presidential candidate because of his Canadian birth (which to date have all been dismissed for lack of standing or ripeness), it is my contention that the disclosure of the requested information would likely contribute to an understanding of government operations and activities, namely a candidate’s requirement for citizenship in order to serve as a senator or president and the necessity to properly vet a candidate’s birth status qualifications;

    The disclosure of this information would directly contribute to the understanding of the requirements of citizenship (whether naturalized or natural born) as a constitutional requirement to holding office as a senator or president of the United States and there is and has been enough interest in this topic (which to date has not been able to be verified) that there would be no trouble in disseminating this information to the public; and

    Given the “birther” arguments in the last two presidential cycles and again in this one, the disclosure of the requested information is highly likely to significantly contribute to public understanding of the determination of citizenship in the understanding of government operations and activities.
    Page 2
    FOIA request regarding Eleanor Elizabeth Darragh Wilson Cruz

    Eleanor Elizabeth Darragh was born on November 23, 1934 in Wilmington, DE. Her parents were Edward J. Darragh and Elizabeth Cekine Darragh. Eleanor went to Rice University where she graduated around 1956. While there, she met and subsequently married Alan Wilson, a Ft. Worth, TX native on or around September 1, 1956. Subsequent to their marriage, they moved to London, England. Their marriage ended in divorce in the early 1960’s and Eleanor returned to the United States in 1967 and was living or at least having her mail sent to a c/o address in Metairie, LA.

    Rafael Bienvenido Cruz was a Cuban citizen who had come to the United States in 1957 on a student visa believed to have been issued at the consulate in Havana to attend the University of Texas, Austin. During his second year of college, he married Julia Ann Garza on or around January 1, 1959. Rafael graduated on June 3, 1961 and received a BA with a major in mathematics under the name Rafael Bienvenido Cruz Diaz. As is common in the Hispanic culture, a man’s second surname is that of his mother’s maiden name (he later dropped the second surname, Diaz). After graduation, Rafael applied for political asylum. Rafael and Julia had two children: one born on November 11, 1961 and the other born on November 18, 1962. Their marriage reportedly ended in divorce with Julia having custody of the two children.

    Eleanor reportedly worked for a company in New Orleans, LA where she met Rafael Bienvenido Cruz. Although they were not married, Eleanor and Rafael moved to Canada around 1968 and started a seismic mapping business to cater to the oil industry in Calgary, Alberta, Canada. They were reportedly married in 1969 in Canada and Rafael has self-reported that he obtained Canadian citizenship in 1970. Rafael’s “early” Canadian citizenship status probably had to do with the fact he received a business entrepreneur consideration (starting their business, R. B. Cruz and Associates and hiring at least one employee who was not one of the founders of the business). Since Canada did not recognize dual citizenship at that time, Rafael presumably renounced his Cuban citizenship. On December 22, 1970, Eleanor and Rafael had a son born in Canada whom they named Rafael Edward Cruz and under Canadian law, their son also became a Canadian citizen.

    Upon the birth of her child, Eleanor should have filed a Consular Report of Birth Abroad, Form FS-240 or depending on the date, Form FS-545 with the consular office in Calgary with all of the supporting documentation required. She may have been required to file other reports with the consular office since she apparently was living in Canada on somewhat of a permanent basis and together with her Canadian husband operated their business, R. B. Cruz and Associates, while living there.

    While not dispositive, both Eleanor and Rafael B. Cruz appeared on a Canadian voter list for 1974. Since Rafael B. Cruz received Canadian citizenship, it is not entirely unlikely that Eleanor might have also applied for Canadian citizenship which would have, under Canadian law at the time, required her to renounce her United States citizenship. If she had actually done that or at least applied to have it done, there should be some type of consular record of any such action.

    The Cruz’ experienced some business and family problems and sometime around 1974, Rafael B. Cruz abandoned his family in Canada and returned to the United States, again settling in Texas. Claiming he had a religious awakening, he returned to Canada to reunite with his wife and child. Shortly thereafter, the three members of the Cruz family left Canada and returned to the United States settling in Houston.

    Page 3
    FOIA request regarding Eleanor Elizabeth Darragh Wilson Cruz

    Since Rafael B. Cruz was a Canadian citizen he would have needed some special documentation to emigrate from Canada to the United States. Since Eleanor may still have had United States citizenship, she could have requested documentation from the consulate in Calgary documenting their marriage such that Rafael B. Cruz could then enter the United States as the documented spouse of a United States citizen. Similar documentation (CRBA or a U.S. Passport) would have been required in order for their child, Rafael Edward Cruz, to be permitted legal entry into the United States.

    It is possible that Eleanor did not apply for a CRBA while she was in Canada and I have seen reports that a CRBA for Rafael Edward Cruz was not requested until 1986 when Rafael was in high school in the Houston, TX area and needed a passport for a school trip to England. If that is the case, then the records associated with young Rafael’s CRBA would probably have been filed through an office in the Houston area.


    Consular Report of Birth Abroad for Rafael Edward Cruz which would include the supporting documentation such as the child’s birth certificate, evidence of Eleanor’s citizenship, a marriage certificate of the parents, and evidence of the termination of any prior marriages whether done through the U.S. Consulate in Calgary or as a result of a passport request made in Houston, TX,

    Evidence of a valid United States passport issued in the name of Eleanor Elizabeth (Darragh Wilson) Cruz at the time she re-entered the United States from Canada in or around 1975 when she returned to the United States with her child and husband,

    Any consular forms documenting Eleanor’s marriage to her Canadian husband in support of Rafael B. Cruz’ entry into the United States as the spouse of a U. S. citizen in or around 1975,

    Any consular forms documenting any request or consideration by Eleanor Cruz to renounce her United States’ citizenship as was done by her husband when he became a Canadian citizen, and

    The A-File number for Rafael B. Cruz if shown on any consular records.

    In the event a question of privacy is raised, I would like to argue that it is in the public interest to be able to insure and verify that any United States senator or president meets the constitutional requirement of citizenship and that the constitution is not subverted by a frivolous claim of privacy to prevent the verification of a candidate’s citizenship status. It appears the only vetting for Ted Cruz’s eligibility for the United States senate election from Texas was verifying that the box denoting “U.S. Citizen” was checked. There was no supporting documentation provided to affirmatively prove that assertion by Mr. Cruz and none was apparently requested. I would also like to note that I attempted to obtain copies of Rafael and Eleanor’s divorce records filed in Harris County, Texas. These have apparently been sealed, possibly to frustrate efforts to obtain information which could refute Ted Cruz’ claim of citizenship.

    I would like to have two certified copies of the requested information to the extent it is available or a letter stating why it might not be.

  6. Regarding the question, “Does Ted Cruz have a Canadian Birth Certificate?” I saved an image of a Certificate of Birth #332834 seemingly issued by the Dept. of Health Edmonton, Division of Vital Statistics. Is this posted image of a record of Ted Cruz’s birth supposedly on file less than a full-fledged Canadian Birth Certificate?

  7. Its been reported that Ted used a CRBA form in applying for a U.S. Passport when he was 16. His High School class was traveling abroad and each needed a passport.
    Has anyone got connections to the U.S. State Department? That should of been around 1987 or 1988.

    1. A year ago, The Post & Email submitted a FOIA for Ted Cruz’s CRBA and was told that unless I obtained a signed privacy waiver from him, it would not be released. I subsequently wrote to his campaign by certified mail, a receipt from which was returned, asking that he sign such a waiver. The campaign never responded. Similar FOIA requests have been made by this publication to USCIS, the USDOJ (still pending), the FTC, and his Senate office to no avail. The Post & Email has also contacted the Canadian government for Cruz’s documentation and that of his parents and been refused for the same reason.