Debate Magazine

Like It Or not--HE'S A US CITIZEN!

Posted on the 19 July 2012 by Mikeb302000
One thing the birthers never come up with and that is a certificate that Barack Obama has renounced his citizenship, which is necessary for one to no longer be a US citizen. The process sounds simple:
To renounce U.S. citizenship, you must go in person to a U.S. embassy or consulate outside the U.S. and sign before a consular officer an oath or affirmation that you intend to renounce your citizenship.
At the end of a formal process one is issued with a Certificate of Loss of Nationality.
One can renounce US citizenship if they do not have another nationality. Although, the Foreign Affairs Manual instructs State Department employees to make it clear to Americans who will become stateless after renunciation that they may face extreme difficulties (including deportation back to the United States) following their renunciation, but instructs employees to afford such persons of their right to give up citizenship.
As for being a Kenyan Citizen: Kenya’s constitution prohibits dual citizenship in adulthood. Chapter VI, Section 87 of the Kenyan Constitution specifies that:

1. Every person who, having been born in Kenya, is on 11th December, 1963 a citizen of the United Kingdom and Colonies or a British protected person shall become a citizen of Kenya on 12th December, 1963…
2. Every person who, having been born outside Kenya, is on 11th December, 1963 a citizen of the United Kingdom and Colonies or a British protected person shall, if his father becomes, or would but for his death have become, a citizen of Kenya by virtue of subsection (1), become a citizen of Kenya on 12th December, 1963.

As a citizen of the UKC who was born in Kenya, Obama’s father automatically received Kenyan citizenship via subsection (1). In other words, Obama’s father was Kenyan, not British. Any citizenship which would have come from Obama’s father would have been Kenyan and not British.

The Kenyan Constitution prohibits dual citizenship for adults. Kenya recognizes dual citizenship for children, but Kenya’s Constitution specifies that at age 23, Kenyan citizens who possesses citizenship in more than one country automatically lose their Kenyan citizenship unless they formally renounce any non-Kenyan citizenship and swear an oath of allegiance to Kenya.

President Obama has neither renounced his U.S. citizenship nor sworn an oath of allegiance to Kenya. Thus any claim that Obama can have to being eligible for Kenyan citizenship automatically expired on Aug. 4,1984.

The same applies for Indonesia. The latest law regulating Indonesian nationality is Law No. 12/2006 (UU No. 12 Tahun 2006). This law revokes Law No. 62/1958 (UU No. 62 Tahun 1958).

Generally, Indonesian citizens are those natural Indonesian people and those of other nationalities that are endorsed by the law as Indonesian citizens. The Indonesian nationality law does not recognize dual citizenship except for persons under the age of 18. After reaching 18 years of age individuals are forced to choose one citizenship.

Again, like Kenya, Obama would have had to make the affirmative act of choosing Indonesian citizenship when he turned 18.

Even if Stanley Ann Dunham renounced her US citizenship, it wouldn’t have effected Barack Obama’s citizenship since he needs to make the affirmative act renouncing for himself (citizenship cannot be renounced by an agent). The 1952 Immigration and Nationality Act, Title III, Chapter 3, Section 355, says:

“A person having United States nationality, who is under the age of twenty-one and whose residence is in a foreign state with or under the legal custody of a parent who hereafter loses United States nationality under section 350 or 352 of this title, shall also lose his United States nationality if such person has or acquires the nationality of such foreign state: Provided, That, in such case, United States nationality shall not be lost as the result of loss of United States nationality by the parent unless and until the person attains the age of twenty-five years without having established his residence in the United States.

So, there is no way under US law that Barack Obama could have lost his US citizenship due to action of his own OR that of his mother before he was 21 years of age. Under US law, he maintained his birthright US citizenship with no loss or interruption, and no deed for “naturalization” or any “oaths of citizenship” because Natural-Born US citizens don’t require them.

Obama is not a dual national since neither nation he was alleged to have citizenship recognises dual nationality. Additionally, he has not taken the affirmative actions required to acquire either Kenyan or Indonesian nationality.

Like it or not, Barack Obama is a US citizen, and he’s YOUR president.

Sources:
Does Barack Obama have Kenyan citizenship?
Indonesian nationality law
The Indonesian Citizenship Myth


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