Now that Ted Cruz has announced his run for the Republican presidential nomination, some are raising eligibility questions similar to the issues raised by the birthers about President Obama. Now if you are doing this to make fun of the birthers or point out their hypocrisy, fine. But I’ve seen a lot of people actually claiming that Cruz is not eligible because he was born in Canada and that’s just nonsense.
Some of the birthers, like Joseph Farah and Donald Trump, are being consistent and claiming that Cruz is not eligible. But that’s just false. If you are born to an American citizen, you are a natural-born citizen no matter where you’re actually born. It would be quite absurd to say that if an American citizen goes on vacation in another country and goes into early labor and gives birth, that child would not be an American citizen. Ted Cruz’ mother is an American, so the fact that he was born in Canada is totally irrelevant.
Even though Cruz was born in Canada, he was American from the moment of his birth.
Cruz’s mother, Eleanor Darragh, was a US citizen from Delaware. His father, Rafael Cruz, was a Cuban national who had received a green card while living in the US (he eventually became a US citizen in 2005). Under American law, Cruz would be born an American despite having only one US citizen parent as long as that parent — his mother — had physically lived in the United States for at least 10 years and five of those years had been after her 14th birthday. Cruz’s mother easily cleared that bar, so Cruz’s citizenship is not debatable…
Most lawyers agree that this would be pretty thin case against Cruz. On March 11, former Solicitors General Neal Katyal and Paul Clement published an article in the Harvard Law Review that argued that Cruz’s eligibility was an open-and-shut case. “While some constitutional issues are truly difficult,” they wrote, this one isn’t; “the relevant materials clearly indicate” that Cruz counts as natural-born.
So please don’t seriously try to argue that Cruz isn’t eligible to be president.