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WHAT IS “THE KEY FACTOR?”

by Sharon Rondeau

https://twitter.com/KamalaKancel/status/1318746003399266305/photo/1

(Oct. 21, 2020) — Late Tuesday night, the Twitter account @KamalaKancel tweeted what appear to be three snippets from immigration documents pertaining to vice-presidential candidate Kamala Harris’s mother previously posted in fuller form by the same account.

The Post & Email has not authenticated any of the documents released by the account, which largely relate to Shyamala Gopalan Harris, who was born in India, received her Master’s degree and Ph.D. in the U.S. and in 2009 passed away after a long career in cancer research in the U.S. and Canada.

First arriving in the United States in September 1958 on a “nonimmigrant student visa,” Gopalan also used the name “Gopalan Shyamala” and, after her California marriage to fellow UC Berkeley student Donald J. Harris of Jamaica, “Shyamala G. Harris.”

On September 3, 1958, “G. Shyamala” signed a statement affirming she intended to enter the U.S. “temporarily and solely for the purpose of pursuing a full course of study in the institution or recognized place of study which has accepted me as a student.”

In its latest tweet, the account appeared to be referencing The Post & Email’s article published Monday titled, “U.S. Senator Claims ‘Birthright Citizenship’ Renders Harris Eligible” containing a letter from the office of Pennsylvania U.S. Senator Pat Toomey to constituent Jeffrey Harrison, who had written with concerns that Democratic vice-presidential candidate Kamala Harris is seeking an office for which she does not constitutionally qualify.

In a recent letter to J. Harrison, US Senator Toomey (R-PA) wrote Kamala Harris was eligible for VP on a basis that her parents were ‘immigrants,’ @KamalaKancel wrote. “Titles of official documents her parents signed before and after her birth, indicate otherwise.@kamalakancel kamalakancel.com“.

Article II, Section 1, clause 5 of the U.S. Constitution requires that the president, but no other constitutional office-holder, be a “natural born Citizen,” without defining the term of art.  As The Post & Email has reported, historical references in the Congressional Globe and several U.S. Supreme Court cases indicate that the parents’ citizenship, in particular that of the father, was the key factor when considering a child’s citizenship, not the child’s birthplace.

Today, however, an interpretation of the 14th Amendment considers all children born in the U.S., including those born to illegal-alien parents, U.S. citizens.  On August 12, Chapman University Professor of Law John Eastman posited that in addition to the “natural born” question as it pertains to Kamala Harris, her U.S. citizenship could be in question given that her parents, as foreign citizens, might not have been “subject to the complete jurisdiction” of the U.S. “…Indeed, the Supreme Court has never held that anyone born on U.S. soil, no matter the circumstances of the parents, is automatically a U.S. citizen,” Eastman wrote.

The 12th Amendment requires vice-presidential candidates to meet all the constitutional requirements of the presidency.

In his response to Harrison, Toomey contended that Harris meets those requirements, citing her birth “in the United States to immigrant parents.”  “Accordingly, I do not believe there are any questions regarding Senator Harris’s eligibility to serve as vice president,” he concluded the responsive portion of his letter.

The Founders’ intent as to the “natural born Citizen” clause remains a subject of debate today given the numerous presidential candidates who were not born in the U.S. or whose parent or parents were not U.S. citizens when they were born, including Harris and Barack Obama in the case of his father.

As has been discussed in depth at The Post & Email, the media, Congressional Research Service (CRS) and members of Congress themselves have frequently conflated the terms “citizen” or “citizen by birth” with “natural born Citizen.” For its part, in providing research to Congress on the meaning of “natural born Citizen” beginning in April 2009, the CRS omitted wording from U.S. Supreme Court opinions which would have proved germane to Obama’s citizenship and presidential eligibility or that of any other individual similarly situated.

Contrary to Toomey’s assertion, when Harris was born in Oakland, CA on October 20, 1964, her parents were not “immigrants” to the United States.  Both were admitted on student visas, and neither appears to have applied for permanent U.S. residency until early 1967, when, according to a letter Shyamala wrote to the INS on her own behalf, Donald Harris had applied for “permanent resident” status through “the American Embassy in Kingston, Jamaica.”

According to his Stanford University biography, Donald Harris naturalized as a U.S. citizen, although the date is not provided; his Wikipedia entry states that it occurred “some time prior to May 2015,” with a reference to the bio.

Notably, at that time, Gopalan Harris indicated the enclosure of several documents pertaining to her application for “an immigrant visa.”

In February 1968, a “Deportation Docket Control Action Slip or Notice” bearing Gopalan Harris’s name was apparently issued indicating that a “Sec. 245 application” had been filed, a presumed reference to “Section 245” of the Immigration and Nationality Act of 1952.

As noted in a complete April 23, 1965 document, Gopalan Harris applied to the INS to change her “nonimmigrant status” from “nonimmigrant student” to “nonimmigrant visitor.”  At that time, she had completed her Ph.D. in Physiology and Nutrition and was seeking to “finish my current assignment” at UC Berkeley, where she had worked as a “Postgraduate Research Physiologist” at an annual salary of $6,360.

In 1976, some five years after separating from and ultimately divorcing Donald Harris, Gopalan Harris and daughters Kamala and Maya relocated to Montréal, Québec, Canada, where Gopalan Harris took a research position at the Lady Davis Institute for Research, a division of Jewish General Hospital affiliated with McGill University.

In 1985, when Gopalan Harris sought to obtain an “immigrant visa” to return to the United States, she required a U.S.-citizen sponsor, with Kamala filling that role just after her 21st birthday.

Today, the United States Citizenship and Immigration Services (USCIS) states of a contemplated change in “nonimmigrant” status:

In general, you may apply to change your nonimmigrant status if you were lawfully admitted to the United States with a nonimmigrant visa, your nonimmigrant status remains valid, you have not violated the conditions of your status, and you have not committed any crimes that would make you ineligible.

The requirements to change “nonimmigrant” status, at least insofar as it applies to employment, appear to be similar to those required of Gopalan Harris in 1965.

Today, “immigrants” to the U.S. must pay an “immigrant fee” unless determined exempt under one or more provisions, which includes the classification as a “nonimmigrant.”

 

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  1. To be a “Natural Born Citizen”, you must be born on American soil to two American parents. Parents may be born Citizens or naturalized, but they must be Citizens at the time of the child’s birth. Until Barack Obama, the only other president who did not meet this requirement was President Chester A. Arthur, and he destroyed documents to keep his non “Natural Born Citizenship” hidden. Unlike Obama, at least Arthur’s father did become a citizen, but, with it being after Chester’s birth, he still wasn’t a “Natural Born Citizen”.
    At the time the Constitution was written, the citizenship of a child followed that of the father, as did the citizenship of a wife. So, as far as the Framers of the Constitution would be concerned, Obama and Harris would not only NOT be “Natural Born Citizens”, the Framers wouldn’t even consider them to be Citizens. I realize our Citizenship laws have changed since the writing of the Constitution, but the meaning of “Citizen” and “Natural Born Citizen” AT THE TIME THE FRAMERS WROTE THE DOCUMENT, is what must be followed. Otherwise, the Constitution is not being followed.
    One thing I believe people are overlooking, is, that if Ms. Harris, having no parent as an American citizen, is eligible for the Presidency, then so too are all the “Birth Tourism” babies born to mothers who came to steal American Citizenship. With the way marital and Citizenship statuses are being disregard in determining Citizenship, Vladimir Putin could send dozens of his pregnant girlfriends here to have his children, and the majority of people would think those children eligible for the Presidency.

  2. I hate to bare malice. But this article seems to state that neither parent was a US citizen at the time of Kamala’s birth. Although it was On US soil (CA) . I think at least one parent has to be a US citizen at the time of her birth to be a natural born citizen or am I wrong? Otherwise lots of people here on temporary visas children could qualify as natural born citizens. From what I can gather she is not then a natural born citizen. This is a Supreme Court Issue. Other then that what is wrong with picking political candidates who have been scrutinized for the requirements and affiliations before they go to the vote. Our parties are leaving us vulnerable to
    outside and possibly tainted influences achieved by extended lives in other countries. It may cause them to acquire more worldly goals which taint their
    opinions of the American people. Brainwashing can be very cleverly applied.
    Their stay in Canada and CNN ‘s obviously prejudicial rantings against Trump
    along with his desire to correct trade deficiencies to help American labor are a perfect example of this form of influence. However she may not bear such prejudice externally but it is known that many foreigners do with good reasons.
    Us citizens are the ones who pay and pay without mercy while other nations look on with glee because they have escaped picking up the tab. Tell me I’m wrong,
    after someone buys you lunch.

  3. Kamala Harris and Barak Obama stripped our constitution of its integrity design by our forefathers of this country to hold the highest office of the land. Harris is not a naturalized citizen which requires both parents being natural US citizens and bylaws of this land restricted. Especially with her motives to amend our constitution in her likeness. Please preserve our constitution as designed by founders of this country.

  4. My rule of thumb is: No amount of paperwork can make you a Natural Born Citizen, only a citizen.
    Can Kamala Harris be prosecuted for trying to usurp a position for which she is not qualified? Would impersonating a position qualifiy you to be charged with felony? Would love to see this happen thru court of law.

  5. I believe that: Only after a person acquires US citizenship, then and only then, can they qualify as being completely subject to the jurisdiction thereof – of the the US Constitution. That thought, if agreed upon by a future US Supreme Court, would positively nullify U.S. v. Wong Kim Ark. NOTE 1

    Three categories of a person who acquire US citizenship:
    1. A person born in the USA to two US citizen parents (natural born Citizen through natural law – no positive law required). NOTE 2
    2. A person born in the USA to at least one US citizen parent or born overseas to one or even two US citizen parents (STATUTORY US citizen under US positive law). NOTE 3
    3. A foreign person who is naturalized as a US citizen (STATUTORY US citizen under US positive law). NOTES 3, 4

    NOTES:
    1. I believe that the 1898 U.S. v. Wong Kim Ark US Supreme Court decision was decided by US Supreme Court justices who were uneducated on the true meaning of the phrase “and subject to the jurisdiction thereof” found in the 14th Amendment.
    2. Eligible for US Constitution, Article I, II, and III jobs.
    3. Only eligible for US Constitution, Article II and III jobs.
    4. All foreigners, illegal or legal (just visiting or looking to naturalize), are aliens until they are US citizens or deported because they are not subject to the COMPLETE jurisdiction thereof.

    1. One point. The 14th Amendment in NO way ever confers Natural Born Citizen status to anyone. Those born in the U.S. AND subject to it’s jurisdiction (all persons present in the US are subject to US Jurisdiction while in the US) are citizens. They are NOT NBCs unless born in the US to two US citizen Parents.

  6. Thank you Sharon Rondeau for providing us with up to date great articles…articles that other sources are too scared to provide. We, “The Sleeping Giant” (who truly care about Mom, America & apple pie) appreciate all the comments as well.
    I’m currently unemployed and just donated to The Post & Email and encourage anyone that can please do so.
    You’re one of the few we have left to steer us in the shark infested waters with a properly working rudder!

  7. By legitimizing Harris, by default, Soetoro (aka Obama), becomes legitimized.

    Bad results, any way you look at it.

    America has lost its, eh, nerve?, in a lot of areas, and the most egregious is the “death by a thousand cuts” that is being done to our Constitution.

    Morally corrupt District Attorneys and Judges have infested our land, and we may well reap the results if Pennsylvania voting laws are actually put in place and so-called “citizens” actually “vote” after election date.

    It all goes back to the corruption and possible removing the Constitution as the law of our country, and the continuations, every day from every possible avenue, including accepting Harris as a “Natural Born”, is just another example in a long list of gnawing away at the Bill of Rights, starting with the Second Amendment.

    Remember this: without the Second Amendment, that’s how long it’ll take to say goodbye to the USA.

    Professor Zorkophsky

  8. So, me, with a G.E.D. and 4 months of college figured this much out…
    An alien couple from Mars, (gray not green) can fly their spaceship to America, land/crash, spit out a baby alien, and that baby alien can grow up and run for President or Vice President? (Well, I almost forgot…I guess as long as the alien has a fake birth certificate and is protected by millionaires & billionaires with demonic left and right hemispheres then it’s within Constitutional perimeters.)
    Am I on-point with my low educational background?

  9. Cdr. Kerchner, Even status as a foreign Permanent Resident doesn’t confer U.S. Citizenship unless said foreigner holding that status, naturalizes as a U.S. Citizen.

  10. While IN the U.S. all persons are subject to the jurisdiction of the U.S. (exceptions include those with diplomatic immunity). See: 31 Code of Federal Regulations, Sec. 515.329.

    Foreigners granted permanent resident status remain citizens of their own nation unless they take efforts to naturalize as U.S. Citizens. Kamala Harris’ parents did NOT naturalize prior to Kamala being born.

    1. Robert, I admire your work and thank you for your ballot challenge, however, I do not believe the authors of the 14th Amendment intended your understanding of jurisdiction. Jurisdiction can be used to describe the territory of an official – so the jurisdiction of our sheriff is the county in which we reside. But “jurisdiction” when speaking of national citizenship means being a citizen or the child of a citizen obey the police and follow the law, but it does not mean that such subjugation to the laws entitles one to automatically acquire citizenship. The jurisdiction that applies to an alien in our country has to do with domestic laws, it does not mean that one can automatically be a citizen of the United States by virtue of being born here. The 14th Amendment was passed in the 19th century. In the 1970’s, when I was Director of International Student Affairs and the University administrator charged with ensuring foreign students came to this country legally. Many of them were married students and babies were born here, but none of them were considered U.S. citizens. The Congress never passed a law; no President ever issued an Executive Order, the State Dept. just decided to change our immigration law so that the children of aliens could obtain passports which enabled them to obtain birth certificates. At least that’s what I think happened – I cannot prove it.

    1. All persons who are in the U.S.are subject to the jurisdiction of the U.S. while IN the U.S. See: 31 Code of Federal Regulations Sec. 515.329.

      Foreigners who are granted Permanent resident status and who have not naturalized are NOT U.S. Citizens in any way shape or form.

  11. Kamala Harris per the Wong Kim Ark (1898) Supreme Court decision is not a U.S. Citizen since her parents when she was born were in the USA on temporary student VISAs. They were not permanently domiciled immigrants to the USA. Probably the only U.S. Citizenship she has a valid claim to is that obtained via marrying a U.S. Citizen, if she followed the proper paperwork to perfect her U.S. Citizenship via that method under relevant U.S. law: https://cdrkerchner.wordpress.com/2020/09/19/kamala-harris-owes-homage-and-allegiance-to-queen-of-jamaica/