Scrubbing of 7 FAM 1130 ACQUISITION OF U.S. CITIZENSHIP BY BIRTH ABROAD TO U.S. CITIZEN PARENT

Free Republic

Today I discovered that the reason I could not find a section of the Nationalization Statues is because the section had been scrubbed. This is not an accident. The section removed had confirmed that the interpretation of the State Department based on the Constitution and relevant case law was that Naturalization did not convey natural born status for Constitutional purposes.

The Foreign Affairs Manual (FAM) and associated Handbooks (FAHs) are a single, comprehensive, and authoritative source for the Department’s organization structures, policies, and procedures that govern the operations of the State Department, the Foreign Service and, when applicable, other federal agencies. The FAM (generally policy) and the FAHs (generally procedures) together convey codified information to Department staff and contractors so they can carry out their responsibilities in accordance with statutory, executive and Department mandates.

ACQUISITION OF U.S. CITIZENSHIP BY BIRTH ABROAD TO U.S. CITIZEN PARENT (CT:CON-636; 02-24-2016) is being scrubbed…

The Original Document “7 FAM 1131.6-2 Eligibility for Presidency.” (Still live at Wikipedia)

Section 1 of Article Two of the United States Constitution requires that a candidate for President of the United States be a “natural-born citizen”.

According to the US Department of State Foreign Affairs Manual: “the fact that someone is a natural born citizen (citizen at birth) pursuant to a statute does not necessarily imply that he or she is such a citizen for Constitutional purposes.”[33]

The Current Document

7 FAM 1131.6-2 Not Citizens by “Naturalization”

(CT:CON-636; 02-24-2016)

Section 201(g) NA and section 301g) INA (8 U.S.C. 1401(g)) (formerly 301(a)(7) INA) both specify that naturalization is “the conferring of nationality of a state upon a person after birth.” Accordingly, U.S. citizens who acquire U.S. citizenship at birth by birth abroad to a U.S. citizen parent(s) are not considered “naturalized” citizens under either act.

Source: https://fam.state.gov/FAM/07FAM/07FAM1130.html#M1131_6_2