Email, Kristin Collins, professor, Boston University School of Law, Aug. 31, 2015

5:31 p.m.

According to a federal citizenship law – on the books since 1790 , but altered many times since then -- some foreign-born children of American parents are citizens at birth.  

On the other hand, Senator Cruz’s characterization of the history of American citizenship law is a tad misleading, especially with respect to individuals like him who are the foreign-born children of American mothers.  You are correct:  Until 1934, under the federal citizenship statute that determined the citizenship of foreign-born children of American parents, foreign-born children of American mothers did not acquire citizenship at birth – only (some) foreign-born children of American fathers were citizens at birth.  But in 1934, Congress liberalized the law so that citizenship passed through mothers as well as fathers.  This was a big victory for feminists at the time, as it took them several decades of serious campaigning to win that legislative reform in Congress.  Senator Cruz is thus a beneficiary of the determined efforts of early-twentieth-century feminists.  In short, Senator Cruz’s statement regarding the citizenship status of foreign-born children of American parents would be more accurate if qualified:  "It has been the law since the beginning of the country that [SOME] children of American citizens born abroad are American citizens by birth."

I hope that is helpful.

All best,

Kristin Collins

Professor of Law

Boston University School of Law