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Monday, March 14, 2016

U.S. State Dept. Foreign Affairs Manual Scrubs Presidential Eligibility Section

U.S. Department of State
Foreign Affairs Manual
Scrubs Presidential Eligibility Section
7 FAM 1131.6-2

Breaking report by Pixel Patriot
March 14, 2016

The U.S. Department of State scrubbed the Presidential Eligibility Section 7 FAM 1131.6-2 from the Foreign Affairs Manual as the highly contested Presidential primaries are heating up in which several candidates have been challenged based on ineligibility due to not being Natural Born Citizens; one of the 3 eligibility requirements in Article 2, Section 1, Clause 5 of the U.S. Constitution.

I discovered this by comparing previous versions of the State Department website between January 19th, 2016 and February 29th, 2016 using the Wayback Machine, a service of the Internet Archive.
According to the State Department, the deletion of the Presidential Eligibility Section 7 FAM 1131.6-2 was made on February 24th and the following section moved up. However, from the archived web page on February 29th it can be seen that the Presidential Eligibility section had in fact been deleted but section 7 FAM 1131.6-3 Non-Citizens by "Naturalization" remained in its original place contrary to CON-636.
Update 3/14/16 5:43 pm

After drafting my report this morning, I contacted Attorney Mario Apuzzo and asked if he knew if someone had already found or reported this deletion from the Foreign Affairs Manual and he said someone known as Mick did previously post a comment about this at his blog on Feb. 29th.
From Mario Apuzzo:

See Mick's comment and those that followed at Donald Trump Is Right to Retweet that Marco Rubio Is Not a Natural Born, at Citizen http://puzo1.blogspot.com/2016/02/donald-trump-is-right-to-retweet-that.htm:
Mick said...

7 FAM 1131.6-2 "Eligibility for Presidency" was scrubbed from the internet on 2/24/16

They did not even change the numbering!! They even added, in 1131.6-3, the statute that naturalized Ted Cruz (8 US Code 1401(g)), as some sort of basis that 8 US Code "citizen at birth benificiaries are "Not Citizens by Naturalization."

Here is the screen shot WAYBACK from Feb 20, 2016


Here is the current version


Do you know how these entries are made Mr. Apuzzo?

I undestand that the INS is now the USCIS under Homeland Security. The question is why would the State Dept. want to help Ted Cruz?


February 29, 2016 at 6:48 AM

Still do your report.

So although we both found this independently, Mick does rightfully get the credit for finding it first.

The deletion of a section of the Foreign Affairs Manual on Presidential Eligibility is bad enough, but the State Department as Mario explains in his follow up to Mick, is replacing it with a misapplied definition of naturalization by statute leaving out the qualifier limiting it only to “this chapter.” 

Mario Apuzzo, Esq. said...
7 FAM 1131.6-3 Not Citizens by “Naturalization”
(CT:CON-474; 08-19-2013)

Section 101(a)(23) INA (8 U.S.C. 1101(a)(23)) provides that the term "naturalization" means "the conferring of nationality of a state upon a person after birth, by any means whatsoever." Persons who acquire U.S. citizenship at birth by birth abroad to a U.S. citizen parent or parents who meet the applicable statutory transmission requirements are not considered citizens by naturalization.

This statement is also not correct given the decisions of our U.S. Supreme Court. What the State Department should add is that the fact that someone is not considered to be naturalized pursuant to a statute does not mean that he or she is not naturalized under the Constitution.

February 29, 2016 at 8:03 AM

Mario expounds further in his most recent article how Ted Cruz is naturalized at birth by a naturalization Act of Congress without which Cruz would be an alien at birth, which precludes him from qualifying for the Office of the President of the United States which requires a Natural Born Citizen, not only a Citizen at birth.

Article 2, Section 1, Clause 5 of the Constitution is still operative...
...and the Law of the Land.
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