Sen. Ted Cruz Makes It Official

[Jermyn Davidson]

Cruz never had my support anyway. He doesn't care about me. At least Rand Paul might possibly care about me.

[Pressing-On]

Originally Posted by n david

Okay. I'm not going to argue over this.

The fact is the current law doesn't allow due process, and Cruz's admendment of the current law doesn't address that issue.

You say she's a liar, and some could say Cruz also lied since the law doesn't allow due process.

If he were truly serious about giving due process, he would have added a clause to do so. He didn't.

So, you think he didn't include that in his Amendment? Why don't you try READING the Amendment.

Expatriate Terrorist Act

This bill amends the Immigration and Nationality Act to include among the grounds for loss of U.S. nationality by a native-born or naturalized citizen:

taking an oath or making a declaration of allegiance to a foreign terrorist organization after attaining the age of 18;
entering, or serving in, a foreign terrorist organization;
becoming a member of or providing training or material assistance to a foreign terrorist organization; and
accepting, serving in, or performing the duties of any office, post, or employment under the government of a foreign state, a political subdivision, or a foreign terrorist organization if the person knowingly has or acquires the nationality of such foreign state, or an oath, affirmation, or declaration of allegiance to the foreign state, political subdivision, or designated foreign terrorist organization is required for such office, post, or employment.

The Passport Act of 1926 is amended to:

prohibit the Secretary of State from issuing a passport or passport card to an individual who is a member, or attempting to become a member, of a foreign terrorist organization; and
direct the Secretary to revoke a passport or passport card previously issued to any such individual.

A person who is denied issuance of a passport or passport card or whose passport or passport card is revoked or otherwise restricted may request a due process hearing not later than 60 days after receiving notice of the nonissuance, revocation, or restriction.

https://www.congress.gov/bill/114th-...enate-bill/247

[Pressing-On]

Originally Posted by Pressing-On

So, you think he didn't include that in his Amendment? Why don't you try READING the Amendment.

Expatriate Terrorist Act

This bill amends the Immigration and Nationality Act to include among the grounds for loss of U.S. nationality by a native-born or naturalized citizen:

taking an oath or making a declaration of allegiance to a foreign terrorist organization after attaining the age of 18;
entering, or serving in, a foreign terrorist organization;
becoming a member of or providing training or material assistance to a foreign terrorist organization; and
accepting, serving in, or performing the duties of any office, post, or employment under the government of a foreign state, a political subdivision, or a foreign terrorist organization if the person knowingly has or acquires the nationality of such foreign state, or an oath, affirmation, or declaration of allegiance to the foreign state, political subdivision, or designated foreign terrorist organization is required for such office, post, or employment.

The Passport Act of 1926 is amended to:

prohibit the Secretary of State from issuing a passport or passport card to an individual who is a member, or attempting to become a member, of a foreign terrorist organization; and
direct the Secretary to revoke a passport or passport card previously issued to any such individual.

A person who is denied issuance of a passport or passport card or whose passport or passport card is revoked or otherwise restricted may request a due process hearing not later than 60 days after receiving notice of the nonissuance, revocation, or restriction.

https://www.congress.gov/bill/114th-...enate-bill/247

All Bill Information (Except Text) for S.247 - Expatriate Terrorist Act

Subjects (6)
Subject — Policy Area:

Immigration

Legislative analysts closely examine each bill and resolution to assign a policy area term that best describes the entire measure. There are 33 policy area terms which span across all legislation from 1973 to the present.

Legislative subject terms like those listed to the right thoroughly describe a measure's substance and effects. There are approximately 1,000 issue-oriented, entity, and geographic terms.

Administrative remedies
Citizenship and naturalization
Due process and equal protection

Immigration
Terrorism
Visas and passports

https://www.congress.gov/bill/114th-...l/247/all-info

[Pressing-On]

Exclusive — Ted Cruz: My First Act As President Will Be To Undo Obama’s Unconstitutional Executive Orders

"President Obama is fond of saying he has a pen and he has a phone,” Cruz said. “Well, live by the pen and die by the pen. Every illegal executive action that he puts in place can be undone in an instant by the next president through the same mechanism. The proper avenue for creating law in this country is not unilateral decree. It is rather passing legislation through Congress that is signed into law by president pursuant to the dictates of the Constitution.”

http://www.breitbart.com/big-governm...cutive-orders/

[aegsm76]

Originally Posted by Jermyn Davidson

Cruz never had my support anyway. He doesn't care about me. At least Rand Paul might possibly care about me.

Do you think BHO cares about you?
Or just cares about your vote?

[Pressing-On]

This is a good interview, getting to know Heidi Cruz.

Heidi Nelson Cruz

As part of the President's Leaders Forum at Claremont McKenna College, Heidi Nelson Cruz '94, Vice President of Goldman Sachs sits down with a CMC student discussing her path to becoming a prominent leader in the global investment arena. Heidi Nelson Cruz also discusses her early career experiences working in Congress and the White House and why taking risks and having convictions in your life are key attributes to personal success.

https://vimeo.com/12926194

[n david]

Originally Posted by Pressing-On

So, you think he didn't include that in his Amendment? Why don't you try READING the Amendment.

I did read the amendment. Both what was on Ted Cruz's website and what was on the Congress.gov website.

The problem is I was looking at the bill Cruz introduced last September, 2014 which DID NOT address due process, nor change the current law.

Congress.Gov Link

Ted Cruz Website Link

In fact, the article linked in post 18, the same article sourced by the Hipster Librarian was written and posted September 19th, 2014 after the previous bill was introduced. The bill which DID NOT address due process nor change the current law.

Hipster didn't lie, as you've accused her of doing, she just sourced the wrong bill.

[Pressing-On]

Originally Posted by n david

I did read the amendment. Both what was on Ted Cruz's website and what was on the Congress.gov website.

The problem is I was looking at the bill Cruz introduced last September, 2014 which DID NOT address due process, nor change the current law.

Congress.Gov Link

Ted Cruz Website Link

In fact, the article linked in post 18, the same article sourced by the Hipster Librarian was written and posted September 19th, 2014 after the previous bill was introduced. The bill which DID NOT address due process nor change the current law.

Hipster didn't lie, as you've accused her of doing, she just sourced the wrong bill.

Well, the Hipster Libertarian needs to correct herself, if she is willing to do so. Feel free to post her retraction if you run across one.

[n david]

After further review...

Here's the text of the updated amendment Cruz submitted in January:

114TH CONGRESS
1ST SESSION S. 247
To amend section 349 of the Immigration and Nationality Act to deem
specified activities in support of terrorism as renunciation of United
States nationality, and for other purposes.
IN THE SENATE OF THE UNITED STATES
JANUARY 22, 2015
Mr. CRUZ (for himself and Mr. GRASSLEY) introduced the following bill; which
was read twice and referred to the Committee on the Judiciary
A BILL
To amend section 349 of the Immigration and Nationality
Act to deem specified activities in support of terrorism
as renunciation of United States nationality, and for
other purposes.
1 Be it enacted by the Senate and House of Representa2
tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the ‘‘Expatriate Terrorist Act’’.

1 SEC. 2. LOSS OF NATIONALITY DUE TO SUPPORT OF TERRORISM.
3 Section 349(a) of the Immigration and Nationality
4 Act (8 U.S.C. 1481(a)) is amended to read as follows:
5 ‘‘(a) IN GENERAL.—A person who is a national of
6 the United States whether by birth or naturalization, shall
7 lose his or her nationality by voluntarily performing any
8 of the following acts with the intention of relinquishing
9 United States nationality:
10 ‘‘(1) Obtaining naturalization in a foreign state
11 upon his or her own application or upon an applica12
tion filed by a duly authorized agent, after having
13 attained 18 years of age.
14 ‘‘(2) Taking an oath or making an affirmation
15 or other formal declaration of allegiance to a foreign
16 state, a political subdivision thereof, or a foreign ter17
rorist organization designated under section 219,
18 after having attained 18 years of age.
19 ‘‘(3) Entering, or serving in, the armed forces
20 of a foreign state or a foreign terrorist organization
21 designated under section 219 if—
22 ‘‘(A) such armed forces are engaged in
23 hostilities against the United States; or
24 ‘‘(B) such persons serve as a commissioned
25 or noncommissioned officer.

1 ‘‘(4) Becoming a member of, or providing training or material assistance to, any foreign terrorist
3 organization designated under section 219.
4 ‘‘(5) Accepting, serving in, or performing the
5 duties of any office, post, or employment under the
6 government of a foreign state, a political subdivision
7 thereof, or a foreign terrorist organization des8
ignated under section 219 if—
9 ‘‘(A) the person knowingly has or acquires
10 the nationality of such foreign state; or
11 ‘‘(B) an oath, affirmation, or declaration
12 of allegiance to the foreign state, political sub13
division, or designated foreign terrorist organi14
zation is required for such office, post, or em15
ployment.
16 ‘‘(6) Making a formal renunciation of United
17 States nationality before a diplomatic or consular of18
ficer of the United States in a foreign state, in such
19 form as may be prescribed by the Secretary of State.
20 ‘‘(7) Making in the United States a formal
21 written renunciation of nationality in such form as
22 may be prescribed by, and before such officer as
23 may be designated by, the Attorney General, when24
ever the United States shall be in a state of war and
25 the Attorney General shall approve such renunci-ation as not contrary to the interests of national defense.
3 ‘‘(8)(A) Committing any act of treason against,
4 or attempting by force to overthrow, or bearing arms
5 against, the United States;
6 ‘‘(B) violating or conspiring to violate any of
7 the provisions of section 2383 of title 18, United
8 States Code;
9 ‘‘(C) willfully performing any act in violation of
10 section 2385 of title 18, United States Code; or
11 ‘‘(D) violating section 2384 of such title by en12
gaging in a conspiracy to overthrow, put down, or to
13 destroy by force the Government of the United
14 States, or to levy war against them,
15 if and when such person is convicted thereof by a
16 court martial or by a court of competent jurisdic17
tion.’’.

18 SEC. 3. REVOCATION OR DENIAL OF PASSPORTS AND PASSPORT CARDS TO INDIVIDUALS WHO ARE MEMBERS OF FOREIGN TERRORIST ORGANIZATIONS.
22 The Act entitled ‘‘An Act to regulate the issue and
23 validity of passports, and for other purposes’’, approved
24 July 3, 1926 (22 U.S.C. 211a et seq.), which is commonly

1 known as the ‘‘Passport Act of 1926’’, is amended by add
2 ing at the end the following:
3 ‘‘SEC. 4. AUTHORITY TO DENY OR REVOKE PASSPORT AND
4 PASSPORT CARD.
5 ‘‘(a) INELIGIBILITY.—
6 ‘‘(1) ISSUANCE.—The Secretary of State shall
7 not issue a passport or passport card to any indi8
vidual whom the Secretary has determined is a
9 member, or is attempting to become a member, of
10 an organization the Secretary has designated as a
11 foreign terrorist organization pursuant to section
12 219 of the Immigration and Nationality Act (8
13 U.S.C. 1189).
14 ‘‘(2) REVOCATION.—The Secretary of State
15 shall revoke a passport or passport card previously
16 issued to any individual described in paragraph (1).
17 ‘‘(b) RIGHT OF REVIEW.—Any person who, in ac18
cordance with this section, is denied issuance of a passport
19 or passport card by the Secretary of State, or whose pass20
port or passport card is revoked or otherwise restricted
21 by the Secretary of State, may request a due process hear22
ing not later than 60 days after receiving such notice of
23 the nonissuance, revocation, or restriction.’’.

Notice anything?

Section 2 - "Loss of Nationality" gives NO DUE PROCESS. It keeps the current law as is and makes no change to it. Again, the current law strips due process and only requires "preponderance of the evidence," not the tougher, "beyond a reasonable doubt" evidence.

Section 3 - Revocation or Denial of Passports or Passport Cards DOES give a due process hearing, if requested within 60 days of notice of nonissuance, revocation or restriction.

So while a person gets due process for a Passport issue; the major issue, loss of Nationality gives a person no such due process.

pdf version of bill - easier to read

[n david]

Originally Posted by Pressing-On

Well, the Hipster Libertarian needs to correct herself, if she is willing to do so. Feel free to post her retraction if you run across one.

I don't need to. Just read the new bill.

The only due process allowed is for passport, not for loss of nationality.

Feel free to issue your own correction and retraction.

Or maybe Cruz will submit another bill that allows due process of loss of nationality.