Is Barack Obama Really a U.S. Citizen?
In answer to these questions, the Obama campaign released a Hawaii certificate of live birth for Barack Hussein Obama in June - first to The Daily Kos, a "progressive" blog, and next to their own Fight the Smears Web site. Of course, this was then followed up by a flurry of bloggers who found a multitude of reasons why this does not appear to be an authentic certificate of birth. Some even say that he was born in and his birth registered in Kenya. By Hawaii law, certificates of birth are available only to family members - so none of the naysayers are able to check the facts for themselves.
Under Sec. 301 (a) of the Immigration and Nationality Act of 1952, the act in effect at the time of Barack Obama's birth, the following shall be nationals and citizens of the United States at birth:
(7) "a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than ten years, at least five of which were after attaining the age of fourteen years: Provided that any periods of honorable service in the Armed Forces of the United States by such citizen parent may be included in computing the physical presence requirements of this paragraph."This proviso in this act does not apply to Barack Obama, because his mother, Stanley Ann Dunham Obama, was not yet 19 years of age at the time of his birth.
This brings us to the immigration law currently in effect under the U.S. Immigration and Nationality Act, U.S. Code, Title 8, Section 1401, Sec. 301 (g), as amended by the Immigration and Nationality Corrections Act (Public Law 103-416) on October 25, 1994:
"...a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years..."Stanley Ann, the mother of Barack Obama, would qualify under current law - she was a citizen of the United States and age 18 at the time of his birth.
How does a law has only been in effect since 1987 apply to Barack Obama? Further down under Sec. 301 (g):
"This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date."
and from Sec. 301(h):
"a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the United States."
This makes it sound as if Barack Obama is a U.S. citizen on the basis of his mother's citizenship at the time of his birth. Yet the above proviso is apparently intended to apply to persons born on or after May 24, 1934 and before January 13, 1941, and does not appear to override the fact that the applicable law for transmitting citizenship to a child born abroad when one parent is a U.S. citizen is the statute that was in effect at the time of the child's birth.
Therefore, based on U.S. naturalization and citizenship law as I understand it (and I'm not a lawyer), it's apparently possible that Barack Obama would not be a citizen of the United States if he was not born in Hawaii, one of many claims made in a filed a lawsuit last week in U.S. District Court by Philip J. Berg, former member of Pennsylvania's Democratic State Committee and former attorney general of Pennsylvania, asking the court to declare Barack Obama ineligible for the presidency. Yet, Barack Obama was born in Hawaii according to his campaign, which makes the naturalization discussion moot. FactChecker.org says that it obtained and examined Obama's actual birth certificate and it was indeed real. FactChecker also reports that a researcher "looking to dig up dirt on Obama instead found a birth announcement for a son born to Mr. and Mrs. Barack H. Obama that had been published in the Honolulu Advertiser on Sunday, August 13, 1961.
Bottom line: Barack Obama is indeed a U.S. Citizen. He was born on U.S. soil, which by virtue of the 14th Amendment makes him a natural-born citizen.
Comments
Thanks for addressing this. God knows Barry Soetoro won’t address it.
All standard info. However, it doesn’t address the fact that 3 experts examined the birth certificate, and found it to be fraudulent, and also the possiblity that it is the birth certificate of Baracks half sister.
Also lacking is the fact that Barack was adopted by his step father, and renamed Barry Soeleto. In Indonesia. Since his return to the U.S. he has not resubmitted is allegiance.
Thirdly…there is also talk of his paternal grandmother and other family members, who claim to have been in attendance for Baracks birth…In Kenya.
Enough of this biased sensationalism!
Is John McCain Really a U.S. Citizen?
He was born in Panama . . .
Um… what does this really have to do with Genealogy? Unless this is being followed up with a discussion on McCain’s citizenship, this smacks of partisan politics. Can we not go there please?
Obama’s mother’s original Social Security Number Application
webofdeception.com/obamamother’sssapplication.html
I never intended for this to be political at all. Just a look at various U.S. naturalization laws and how complicated they can be - for both the presidential candidates…and our ancestors. But so noone considers me partisan, I’ve also added a discussion about the questions surrounding John McCain’s status as a “natural born” citizen.
To Jean, who said “However, it doesn’t address the fact that 3 experts examined the birth certificate, and found it to be fraudulent, and also the possiblity that it is the birth certificate of Baracks half sister.”
Actually,
1) WorldNetDaily (a republican-leaning/anti-Obama publication) has conducted its own investigation and determined (a) that the document is authentic; and (b) that at least some of the “so-called experts” who assert that the document is a forgery actually committed forgery themselves.
2) Factcheck.org also examined it, and found it authentic.
3) Politifact.com also examined it, and found it authentic AND obtained confirmation from the Hawaii Department of Health that it is authentic.
4) TexasDarlin – the blogger who first published information from the “experts” who allege forgery, also published the entry in the local newspaper, less than a week after Obama’s birth, showing that he was born in Hawaii.
See www.whatsyourevidence.com for citations to these sources.
To Jean, who said Also lacking is the fact that Barack was adopted by his step father, and renamed Barry Soeleto. In Indonesia. Since his return to the U.S. he has not resubmitted is allegiance.
This is not a “fact.” It is an allegation, for which NO evidence has been provided, except for the school registry. While that, arguably, could be one ‘piece’ of evidence, it is by no means conclusive. As reported by the AP at the time the photo was taken, it was common to list step-children under their father’s name, nationality, and religion in Indonesia at that time. Thus, that document proves nothing.
Moreover, a big legal question remains: Would a U.S. Court “recognize” an Indonesian law that operated to strip a U.S. Citizen of his|her citizenship as a child, when s|he had no say in the matter? I think not. It is HIGHLY unlikely that a U.S. Court would recognize any law that stripped a person of his|her US citizenship unless that person, as an adult, took proactive steps to relinquish such citizenship.
Thirdly…there is also talk of his paternal grandmother and other family members, who claim to have been in attendance for Baracks birth…In Kenya.
You may recall that there was (untrue and uncommonly vicious) talk that McCain had a black baby out of wedlock in the 200 South Carolina. All that talk didn’t make it any more true. In fact, it was demonstrably false.
Actually, this is not his original 1961 Birth Certificate anyway, but a 2007 certificate issued by the state of Hawaii (assumed). Check the bottom–the form was made in 2001 and printed on a Laserjet… The original may have contained information somewhat different from this one. Also, even the original may have been arrived at in steps described in the lawsuit, were Barack Obama actually born in Kenya then flown to Hawaii. McCain is natural-born because both his parents were citizens; Obama’s were not. Then Obama was (likely) adopted by his step-dad in Indonesia, attended Islamic school where another document identifies (likely) that he was adopted, and (likely) has dual-citizenship. The President cannot have dual-citizenship. The birth announcement supposedly from the Honolulu Advertiser in 1961 may or may not be real (check the type font…). Also, I would think that the mother would have wanted to have an announcement of the birth–but it does not say he was born in Hawaii, notice. If I had a kid in another country the announcement would look the same.
So why is Obama not providing a copy of his original with his mom’s signature, to us, the American people, his employer? Also, any verification to show that he was NOT born in Kenya and later applied for a Hawaii birth certificate? Just put this to rest Obama, please so we can decide if you are eligible for us to hire you. Or, are you above submitting to the American people? Say it ain’t so, BHO.
Sec. 301 (a) of the Immigration and Nationality Act of 1952 does apply to Barack Obama. His mother was 17 yrs. old when he was born. She was not allowed to fly back to the US from Kenya due to her advanced pregnancy, and took Barry Obama to Hawaii after his birth where a birth certificate may or may not have been issued.
Because Barack’s mother was not physically present in the United States or its outlying possessions for a period or periods totaling not less than ten years, and at age 17 did not meet requirements that at least five of which were after attaining the age of fourteen years, Barack Obama is a Kenyan by birth. Not only that, but he travels on an Indonesian passport. His citizenship in Indonesia stems from his mother’s having renounced her US citizenship when she became a citizen of Indonesia, then married Soetoro and as a minor child Obama would fall under his mother’s citizenship. He is a dual citizen of Kenya and Indonesia. He is an illegal immigrant in the USA.
A certificated Certificate of Live Birth has not been produced by Barack Obama. If it were a certificated copy of the original birth certificate, it would most likely have been hand written by his mother or typed by hospital staff in 1961 while his mother was in the hospital, with an original signature by his mother and the official State of Hawaii seals on it.
Remarriage by Obama’s mother after Obama’s birth is irrelevant to Obama’s citizenship status. Under current US immigration law, a child born of a US citizen abroad retains US citizenship until he may decide to renounce it on or after reaching age 18.
The possibility Indonesia might regard child Obama as its citizen in no way qualifies Obama’s claims to US citizenship under US law.
The Constitution requires the president to be only a natural-born citizen. Dual citizenship is not specifically prohibited.
Dual-citizenship is also quite common in American power circles– Israeli-American dual citizenship is held by Paul Wolfowitz, John Bolton, Ari Fleischer, Eliott Abrams, Scooter Libby, Michael Mukasey, Richard Perle, to name only a few– all of whom hols, oe have held sensitive, powerful positions in the US government in the Bush term.
Just to clarify some items, here is the entire text from the INTCA (http://www.state.gov/documents/organization/86757.pdf) regarding persons born abroad. Again, if the Senator was indeed born overseas, the following pertains. Note the part that says “still is applicable”…
“7 FAM 1133.2-2 Original Provisions and Amendments to
Section 301
(CT:CON-204; 11-01-2007)
a. Section 301 as Effective on December 24, 1952: When enacted in 1952,
section 301 required a U.S. citizen married to an alien to have been
physically present in the United States for ten years, including five after
reaching the age of fourteen, to transmit citizenship to foreign-born
children. The ten-year transmission requirement remained in effect from
12:01 a.m. EDT December 24, 1952, through midnight November 13,
1986, and still is applicable to persons born during that period. As
originally enacted, section 301(a)(7) stated: Section 301. (a) The
following shall be nationals and citizens of the United States at birth: (7)
a person born outside the geographical limits of the United States and its
outlying possessions of parents one of whom is an alien, and the other a
citizen of the United States who, prior to the birth of such person, was
physically present in the United States or its outlying possessions for a
period or periods totaling not less than ten years, at least five of which
were after attaining the age of fourteen years: Provided, That any
periods of honorable service in the Armed Forces of the United States by
such citizen parent may be included in computing the physical presence
requirements of this paragraph.”
The previous section containing, 7 FAM 1133.2-1, 301(g) and 301(h), shows the US law as it exists now.
There is also a provision in the INTCA regarding the Panama Canal zone, for the one who asked earlier on in this thread, it’s worth reading.
I am trying to read where it is said that this Berg lawsuit was thrown out of court… as it was.
Good God.
Will you listen to yourselves? The next thing you are going to say is the man isn’t even from Earth. That he’s some sort of lizard man that unzips his human husk behind closed doors.
Bottom line.
The birth certificate is REAL. His passion for turning around this country is REAL. His commitment to change is REAL. The haters bigotry and inability for change is REAL.
Now that he is President Elect, give the guy a chance for Christ sakes before you crash and burn him.
Look on the bright side. Even if he was a lizard man, at least he isn’t a snake man like George W.
From section 1401 of the USC (g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 288 of title 22 by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 288 of title 22, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date;
Please note changes in time for “physical-presence” and the last paragraph of proviso.
Our president-elect is a U.S. citizen whether he was born in Hawaii or elsewhere to his U.S. citizen mother. As a matter of fact he is our #1 citizen! Now let’s get behind this man and come together as the citizens we should all be. Thank You
Hawaii was made the 50th state in 1959, so Obama’s birth in 1961, qualifies him to be eligible for President!
To “Ann Onamus”
McCain was not born in Panama. He was born in the Canal Zone at a time when, by treaty with Panama, the Canal Zone was sovereign US territory, what the law calls “an outlying possession of the United States.” The provision of law applicable to McCain is 8 USC 1401(e), which confers natural born citizenship on “a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person.”