Senator Ted Cruz, still Canadian

[AdamSmith]

Fun to watch.

Senator Ted Cruz, still Canadian

By Anthony Zurcher Editor, Echo Chambers

BBC News

Would a Canadian appear so comfortable around a US flag?

In August, the Dallas Morning News reported that US Senator Ted Cruz was, by having been born in Calgary, a Canadian citizen.

The story was good for a few laughs, and Mr Cruz quickly announced that he would renounce his Canadian citizenship.

"Nothing against Canada, but I'm an American by birth, and as a US senator I believe I should be only an American," he said in a statement.

Fast forward nearly five months, and Mr Cruz is still a Canadian in good standing.

"I have retained counsel that is preparing the paperwork to renounce the citizenship," he told the Dallas paper.

All this has Canadians scratching their heads.

Lee-Anne Goodman of the Canadian Press interviewed several experts in Canadian immigration law, and one said that barring "a security issue" or a "mental health issue that hasn't been disclosed", the process should be fairly simple - although there could be some tax concerns.

"If he's attempting to bring our system into disrepute by suggesting it's lengthy and complex, it's just not true," says immigration lawyer Richard Kurland. "Revocation is one of the fastest processes in our system."

Goodman notes: "There's even an online, four-page PDF form on the Government of Canada website to get the ball rolling without the help of lawyers."

Cue another round of jokes.

"Listen, if you want to forfeit your right to a Canadian passport, and distance yourself from this land of socialized medicine, gay marriage and gun control, we understand," write the editors of the Globe and Mail. "But, future former citizen, what's the hold-up?"

Kelly McParland writes in the National Post: "Ted Cruz is an American caught in the talons of Canadian citizenship. We need to set him free."

Dianna Wray blogs for the Houston Press that embracing his Canadian heritage could help improve Mr Cruz's image. "Of course we shouldn't live by stereotypes," she writes, "but it is a truth universally acknowledged that Canadians are polite, tolerant, civic-minded and pretty darn friendly."

In the Globe and Mail, Gerry Flahive warns Mr Cruz: "When you come crawling back on your hands and knees, as you inevitably will, and beg us, BEG US, to let you back in, please use the 'Renounced Citizenship But Have Nothing To Declare' line at Canadian airports."

This may not be a joking matter, however, as Mr Cruz relies on the support of conservative Americans who are serious about patriotism and probably don't take too kindly to politicians with dual loyalties, even if they're only on paper.

"Cruz counts Tea Party voters as an important part of his political base," writes Wayne Slater for the Dallas Morning News. "But many GOP Tea Party enthusiasts have accused President Barack Obama of being born in Kenya - his father was Kenyan, his mother American - and therefore insist he's not legally an American citizen."

Writes McParland: "Shedding his Canadian skin would help Mr Cruz demonstrate his red blooded American-ness, just in case anyone in the party started questioning his heritage too."

There is one more possible stumbling block for Mr Cruz, but it's not on the Canadian end. As explained by Steven Lubet in Salon back in September, in order to renounce his Canadian citizenship, he has to establish he is a US citizen. According to US rules, to do that Mr Cruz needs to present proof that his mother Eleanor, who was born in Delaware, was "physically present" in the US for a total of 10 years before his birth.

"The only definitive way to prove Eleanor Cruz's 10 years of physical presence would be with documents such as leases, school registration, utility bills or tax records," Lubet writes. "It would be pretty embarrassing to have his Application to Renounce Canadian Citizenship denied on a technicality."

The paperwork may be hard to come by, but if Mr Cruz decides to enter what will surely be a rough-and-tumble Republican primary for the 2016 presidential nomination, I doubt he will want to have to answer any more questions about his allegiances to the maple leaf of the north. Then again, he may have no choice.

"Renounce all you want, Senator," writes Michelle Cottle in the Daily Beast. "If there's one thing we learned from the Obama birthers, it's that official documents don't mean squat in the face of a really nutty conspiracy theory."

http://www.bbc.co.uk/news/blogs-echochambers-25646867

[RA1]

LOL. However, this brings to mind a question that I have had for a long time without finding a satisfactory answer.

The US requires that its' citizens renounce citizenship anywhere else as part of becoming citizens of the US. I think this applies to folks who are now US citizens and have never been citizens of any other country. However, there are many among us who have dual citizenship. I personally know several. From what I can tell, some, if not many, other countries have no problem with dual citizenship. The UK being one.

So, is the US just ignoring this issue or what?

Best regards,

RA1

[MsGuy]

LOL. However, this brings to mind a question that I have had for a long time without finding a satisfactory answer.

...So, is the US just ignoring this issue or what?

From the US Consular Service foreign travel website:

The concept of dual nationality means that a person is a citizen of two countries at the same time. Each country has its own citizenship laws based on its own policy. Persons may have dual nationality by automatic operation of different laws rather than by choice. For example, a child born in a foreign country to U.S. citizen parents may be both a U.S. citizen and a citizen of the country of birth.

A U.S. citizen may acquire foreign citizenship by marriage, or a person naturalized as a U.S. citizen may not lose the citizenship of the country of birth. U.S. law does not mention dual nationality or require a person to choose one citizenship or another. Also, a person who is automatically granted another citizenship does not risk losing U.S. citizenship. However, a person who acquires a foreign citizenship by applying for it may lose U.S. citizenship. In order to lose U.S. citizenship, the law requires that the person must apply for the foreign citizenship voluntarily, by free choice, and with the intention to give up U.S. citizenship.

Intent can be shown by the person's statements or conduct.The U.S. Government recognizes that dual nationality exists but does not encourage it as a matter of policy because of the problems it may cause. Claims of other countries on dual national U.S. citizens may conflict with U.S. law, and dual nationality may limit U.S. Government efforts to assist citizens abroad. The country where a dual national is located generally has a stronger claim to that person's allegiance.

However, dual nationals owe allegiance to both the United States and the foreign country. They are required to obey the laws of both countries. Either country has the right to enforce its laws, particularly if the person later travels there.Most U.S. citizens, including dual nationals, must use a U.S. passport to enter and leave the United States. Dual nationals may also be required by the foreign country to use its passport to enter and leave that country. Use of the foreign passport does not endanger U.S. citizenship.Most countries permit a person to renounce or otherwise lose citizenship.

Information on losing foreign citizenship can be obtained from the foreign country's embassy and consulates in the United States. Americans can renounce U.S. citizenship in the proper form at U.S. embassies and consulates abroad.

====

In the back of my mind, there's some kind of registration requirement for US "anchor babies" who subsequently move back overseas and for the foreign born children of US citizens who never return to to the USA for any extended period (Maybe that's the ten year thing the article mentions.) I think the kids have some multiyear period after they turn 18 to file their paperwork with the local consulate in order to retain their citizenship.

[RA1]

Interesting and thanks. I may be out of date about some things but there seems to be more to it than this. As you mention, dual citizens may owe something to both countries. For instance, I have several ex-Latvian born friends who, although completely naturalized US citizens were reluctant to visit Latvia even after the USSR relinquished "ownership" and certainly before then. The threat was being drafter into the USSR army.

Again, thanks.

Best regards,

RA1

[RA1]

Perhaps I was confused by the Naturalization Oath of Allegiance to the US which paraphrased states I renounce all allegiance to any foreign state to which an applicant was subject before. Just google the Naturalization Oath of Allegiance.

Best regards,

RA1

[MsGuy]

I gather the deal with US naturalization is that, while the USA demands you renounce allegiance to all furrin potentates, etc., the potentate in question may not necessarily recognize any change in your status. Not much the US can do about that.

I believe there were several cases of US citizens of Japanese descent who happened to be visiting Japan when war broke out and found themselves involuntarily drafted into the Japanese Army.

[MsGuy]

The threat was being drafted into the USSR army.

LOL, don't get me started on the Russian Army. Even the Russians do their damnedest to avoid the draft. I'm informed that the going market price to buy an exemption from induction is $4,500 US.