Monday, April 11, 2016


Rafael “TED” Cruz’s eligibility - The whole sordid affair

NOTE: author unknown but this certainly has the ring of truth...more truth than we have ever received from Rafael "Ted" Cruz...
Rafael Bienvenido Cruz was born in Matanzas, Cuba on March 22, 1939. His father was Rafael Cruz who came to Cuba from the Canary Islands, Spain. His mother, Emilia Laudelina Diaz, was a teacher in Cuba. As was customary in the Hispanic culture, it appears that Rafael may have taken his mother’s surname and referred to himself as Rafael Bienvenido Cruz Diaz. At some later date he dropped the second surname and just referred to himself as Rafael Bienvenido Cruz. Rafael B. Cruz claims that as a youth in Cuba he joined the Cuban Revolution an organization of pro-Communist youths, in support of Fidel Castro against Fulgencio Batista. Rafael also claims that after being captured and tortured by the Batista regime he decided to leave Cuba. Rafael has stated that a family friend bribed an official from the Batista government and was thereby able to get an exit visa to leave Cuba to attend college in the United States. Rafael states that he obtained a student visa at the U.S. Consulate in Havana in 1957 . The problem with that story is that you didn’t get a student visa from the USA unless you had already been accepted into a university, a process that takes months to complete. It doesn’t seem logical  that any University would accept a student who has NO money as he claimed, or who spoke very little English, mainly because immigration law did not allow this. This is the statute in effect at the time Cruz came to the U.S. as a foreign student in 1957:
Such alien shall establish specifically that:
(1) He has a residence in a foreign country which he has no intention of abandoning;
(2) He is a bona fide student qualified to pursue, and is seeking to enter the United States temporarily and solely for the purpose of pursuing, a full course of study.
(3) He will attend, and has been accepted for attendance by, an established institution of learning or other recognized place of study in the United States.
(4) He is in possession of sufficient funds to cover his expenses or other arrangements have been made to provide for his expenses;
(5) He has sufficient scholastic preparation and knowledge of the English language to enable him to undertake a full course of study in the institution of learning or other place of study by which he has been accepted.
(6) He intends in good faith, and will be able, to depart from the United States upon the termination of his status.
There are NO records of a Rafael Bienvenido Cruz (Diaz) immigrating to the USA during that time from Cuba.  ‘Subject of Records’, from produced a record of a Bienvendio Gregorio Cruz y Lara who was born in Havana on March 22, 1939, and emigrated from Cuba to the United States but he was a different person with a different history and public records indicate that he died in 2012.  Rafael also claimed he arrived in the USA in Key West, but the problem is that Key West did not have an immigration port of entry so if he came legally he would have had to arrive in Miami. Rafael then claims that he made his way to Austin, TX, where he enrolled at the University of Texas, Austin in 1957 and worked washing dishes at fifty cents an hour to pay for his education. This too is a problem, as U of T did not allow its students to work full time, and required all students to be fluent in English.
All of this would be in Rafael’s ‘Alien File’ if he had one. "A-Files" are individual files identified by a subject's Alien Registration Number ("A-number").  An A-number is a unique personal identifier assigned to a non-citizen. A-Files became the official file for all immigration and naturalization records created or consolidated since April 1, 1944. Rafael Bienvenido Cruz (Diaz) would have been issued an A-number and A-File upon arrival in the USA.
In January of 1959, Rafael Cruz was shown holding a pro-Castro sign during a rally in Texas published in the Havana Times. In the article Rafael B. Cruz stated that he planned to return to Cuba in May of 1959 for the summer and come back to the United States in September of 1959 to continue his education. If this trip actually occurred, it would have been documented in his A-File and would prove that he was in the USA legally.
The University of Texas, Austin, Registrar’s Office confirmed that a Rafael Bienvenido Cruz did receive a BA degree with a major in mathematics on June 3, 1961. Student visas required that students return to the country of their origin once they  completed their education, so if he was here legally, he would have been required to return to Cuba. Rafael claims he applied for Political Asylum after his graduation and received a Green Card. Again, it would be expected that if he applied for Lawful Permanent Resident status that these events would have been documented in his A-File. It is more likely that he wasn’t deported because no one knew he was in the USA illegally.
Rafael’s first marriage to Julia Ann Garza occurred on January 1, 1959, and it is not known if she was a citizen of the United States, but this may also be why he wasn’t deported after graduation. Either way he would have had to file for Lawful Permanent Resident status. The birth of Rafael and Julia’s first child was November 22, 1961, Miriam Ceferina Cruz. The birth of their second child, Roxanne Lourdes Cruz was November 18, 1962.  Sometime in early 1967 after 8 years of marriage, Rafael moved to New Orleans without his family to begin work in an oil-related job, with the intention of having his wife and daughters join him once he settled into his new job. One of the very first people Rafael met at work was fellow mathematician and co-worker Eleanor Elizabeth (Darragh) Wilson. (The marriage, both births, the job, and moving to New Orleans should have all have generated A-File entries.)
Eleanor Elizabeth Darragh was born in Wilmington Delaware November 23, 1934.  In 1956, at 21 years of age, Eleanor Elizabeth Darragh married Alan Wilson who she met at Rice University in Houston when she was studying mathematics. Wilson was a Ph.D. student in mathematics who had earned three degrees from Rice: a bachelor of science in electrical engineering in 1949, a masters in mathematics in 1956 and his Ph.D. in 1958. In 1960 after four years of marriage, the couple moved to London England where Alan still lives today. According to Alan Wilson, shortly after moving to London, the couple began having serious marital problems causing Eleanor to move out, leaving him with no idea where she went. So in 1962 he filed for divorce, siting abandonment, which he was granted since she never contested it. He doubted that she even knew that the divorce was finalized as the only thing he ever heard about her was by chance when both were being treated at the same hospital and a nurse told him  that "his wife" was at the hospital. Wilson was just a little surprised as he no idea at that time that she was pregnant. With no real contact after separating, Alan had absolutely no way of knowing who she was with or if she ever gained British citizenship. It is doubtful that she cared about the divorce anyway, with the fact that Alan and her were married in the USA, she probably didn’t feel that it mattered, as there was no record in England of her marriage to Alan Wilson and as far as anyone else knew, her last name was Wilson so there was no way to look it up, even if someone had a reason to.
British Nationality and Status of Aliens Act - Part III - 10 National status of married women

(1)Subject to the provisions of this section, the wife of a British subject shall be deemed to be a British subject, and the wife of an alien shall be deemed to be an alien.
What happened next is unclear, but it is believed that Eleanor became involved with an Englishman whom she left Alan for. Keep in mind that at this point all of her identification, visa and other documentation all stated that she was Eleanor Wilson. The name of the Brit she was involved with is unknown at this time, as is whether or not he knew she was already married, but it is suspected that she married the Brit in order to provide her with all of the benefits of British citizenship which was automatic upon marriage, and that she kept her name as it was on all of her ID, Eleanor Wilson. One thing that is certain is that she eventually had a child with the Brit in early 1966 who she named Michael Wilson. (Alan Wilson claims he did not know anything about what became of the child until the recent interview, or why the child had the same last name as him, but he was absolutely certain that the child could not have been his.) (Eleanor also used her last name of Wilson on Ted’s birth certificate even though she was supposedly married to Rafael) December 9, 1966 just before the age of 1 Michael Wilson died and was buried in Kensal Green Cemetery in Kensington, England. Michael’s birth and death certificates would most likely fill in the missing pieces as they would have the names of the mother and father, marital status and citizenship. That would provide the information needed for a records search for a British marriage license and citizenship change. A copy of Alan and Eleanor’s divorce decree would also clear up a lot of questions.
M.WilsonGravesite (1)
After the death of her son Michael, her relationship with the Brit fell apart and by early 1967 Eleanor decided that the best thing for her to do would be to return to her family in Houston Texas and leave the 8 years in London behind her. It is not known if she divorced the Brit or not. Soon after arriving back in Texas, Eleanor began looking for work in her field of mathematics and soon located a job in New Orleans with an oil-related company.
The newly hired Eleanor and Rafael started working together as mathematicians for the New Orleans oil company in 1967, and with both being from Texas, alone in an exciting city, it didn’t take long for them to become involved, even though they were both married to other people. Within months they were scheming to make their new found love permanent. A real life Desi and Lucy. The problem was that they were both still married to other people and neither was a US citizen. Eleanor was now British and there was a record of her US marriage to Alan but no record of a US divorce, and the only reason Rafael was still in the US was because he was married to a US citizen, if he divorced his wife Julia and she turned him in then he would be deported. It is highly questionable why he never filed to become a US citizen during these 8 years of marriage.
As mathematicians in their jobs they analyzed geographical seismic data from areas where various oil companies were searching for oil. One of the areas that the company was getting a lot of business from was the Calgary Canada fields and as the analysts assigned to the project, they found their answer. By moving to Canada there would be no record of any previous marriages or divorce, no need to worry about Rafael getting a divorce and being deported. The best part of this plan was that according to the Canadian Citizen Act of 1947, as a British subject Eleanor was entitled to Canadian Citizenship after living there one year. Then marrying Rafael in Canada would make him a Canadian citizen after one year too. It seemed like the perfect plan so within 6 months of starting their new jobs and meeting each other, they quit and headed to Calgary together, telling family and friends that ‘work’ was sending them there.  (Rafael’s move to Canada should have also generated an A-File entry.)
Among the changes introduced by the Canadian Citizen Act of 1947 were the following:
  • All Canadian citizens would have automatic right of entry to Canada.
  • As a rule, immigrants (including those from the Commonwealth) would not qualify for full citizenship until they had been resident in Canada for five years and had taken out citizenship papers. However, immigrants who were already British subjects would not lose their existing rights, including the right to vote after they had resided in Canada for only one year.Immigrants who had served in the Canadian armed forces during the First or the Second World War would qualify for naturalization after only one year.
  • Married women would be given full authority over their nationality status.
  • Citizenship would be lost under certain circumstances, such as the adoption of citizenship of another country. (Canada did NOT allow dual citizenship.)
  • Provision would be made for instruction in the rights and responsibilities of citizenship and for appropriate citizenship ceremonies, including a revised oath of allegiance.

Once Rafael and Eleanor arrived in Canada they used their mathematics skills and previous experience to start a seismic mapping company called R.B. Cruz and Associates which serviced the oil industry in Alberta. Once Eleanor received her citizenship in 1969 after their first full year in Canada, they got married so that Rafael could also get his Canadian Citizenship. In 1970, as Rafael B. Cruz has so often claimed, he obtained his Canadian citizenship. Keep in mind that it was IMPOSSIBLE to get Canadian Citizenship without first living there for at least FIVE (5) years (Bullet 2 above). So how did Rafael get Canadian Citizenship in less than 3 years as he claims? There is only ONE WAY he could have achieved that, and that is by marrying a Canadian citizen, one Eleanor Elizabeth Wilson, allowing him to become a citizen 1 year after they were married in 1969. Canadian voter rolls after that time period show that both Eleanor and Rafael were registered to vote, which would be impossible if they were not citizens. These are undeniable facts. (Again, all of these events by Rafael should have generated entries into his US A-File.)
By the time Rafael received his citizenship, their relationship was showing signs of strain and the business faltering. Rafael was making frequent trips back to the US to see his children and presumably his American wife Julia, telling them he was still ‘on assignment’ in Calgary. It is probable that Rafael fully intended to return to the USA once he had his Canadian citizenship, but by then Eleanor was already pregnant, and on December 22, 1970 Rafael and Eleanor Cruz gave birth to Rafael Edward Cruz in Calgary, Alberta, Canada. After Ted’s birth they both began drinking heavily as the fights and arguments escalated. By 1974 the business was in dire straits so Rafael sold the ailing R.B. Cruz and Associates to Dave Robson, who turned it into Veritas Seismic Ltd.. Once the business was sold, Rafael abandoned Eleanor and his 3 year old son Rafael Edward Cruz in Calgary with very little money or income and returned to his American wife Julia Ann (Garza) Cruz and their 2 daughters Miriam and Roxanne, in Texas. (Once again, all of these events by Rafael should have generated entries into his US A-File.)
As ‘Ted’ Cruz tells it, Rafael had a ‘come to Jesus’ moment when he became a member of a Dominionist  Church after which he returned to Eleanor and Ted and renewed their relationship. The truth is closer to Eleanor packing up everything she had in Calgary and left the 8 years there behind her and once again returning to her family in Texas, where she proceeded to track Rafael down, not that she won him back 100% though. Rafael B. Cruz continued in BOTH marriages, raising all three of the children into adulthood, at least until 1997, when he filed for divorce from both women, one in the USA and the other in Canada, ending his bigamist lifestyle.
The following facts must be considered concerning Ted’s citizenship:
  • At the time of Ted’s birth neither parent was a citizen of the United States. Both had become Canadian Citizens. Rafael had never been and Eleanor gave up her US citizenship in England.
  • When applying to become a Canadian Citizen, applicants must take an ‘Oath Allegiance’ renouncing any previous citizenship.
  • Canada allows American immigrants living in Canada ONE (1) year to file a Consular Record of Birth Abroad (CBRA) after which if the consulate has not received the CBRA, then Canada will permanently  grant any child born on Canadian soil exclusive Canadian citizenship. That child will not have citizenship in any other country.
  • If Ted is a US citizen then there would be a CBRA on record in both the USA and Canada. Producing that would end any question about his citizenship.
  • The Canadian Citizenship Act of 1947 explicitly forbids dual citizenship under any circumstance. If you are a Canadian citizen by naturalization or birth, you could not be a citizen of any other country
  • Rafael and Eleanor were both registered to vote in Canadian elections.
  • If Rafael maintained his contact with USCIS, the birth of his son Ted would have generated an A-File entry.
  • In order to enter the U.S., Ted would have had to have been documented as either a Canadian or United States citizen. If not then he would be considered an illegal alien. If Ted was claimed as Rafael’s son, an entry would have been entered into Rafael’s A-File.
  • If Ted entered the USA legally as a Canadian citizen which he was, then an A-Number and an A-File would have been generated for him.
  • If Eleanor had retained her U.S. citizenship, she would have had to fill out paperwork documenting her Canadian husband. This would have been entered into his A-File.
  • Rafael B Cruz would have needed to re-apply and receive Lawful Permanent Resident Status in 1975 when he returned to the U.S. as a Canadian Citizen which would be in his A-File.
  • Rafael B Cruz maintained his Canadian citizenship until 2005. As a foreign national he would have had to update his status annually with USCIS which should have generated A-File documentation.
  • Rafael B Cruz became a naturalized United States citizen in 2005. According to the USCIS, he would have had to send copies of a number of documents requested under the Document Checklist for Form N-400, Application for Naturalization, as well as submitting a rather lengthy form which currently Totals 21 pages. He may also have filed a form G-28 Notice of Entry of Appearance as Attorney or Representative which would be a part of his A-File.
  • The 2005 Application for Naturalization would require documents such as proof that all earlier marriages ended which would have required the submission of divorce decree(s), annulment(s), or death certificate(s), and all correspondence with the IRS regarding any failure to file any income tax return since becoming a Lawful Permanent Resident (which would presumably have also applied to the years he was in Canada).
  • Section 349 of the U.S. Immigration and Nationality Act which stipulates that American citizens who swear allegiance to another country automatically lose their American citizenship. If Ted’s  mother applied for British and/or Canadian citizenship then she would have had to swear allegiance to another country in doing so. She would have lost her US citizenship.
  • Article II of the US constitution says about natural born Citizen “enjoin sole allegiance”, which means anyone born in the U.S. is "subject to the jurisdiction" and is a Citizen. Where "subject to the jurisdiction" means a full and complete jurisdiction meaning "NOT OWING ALLEGIANCE TO ANY ONE ELSE. THAT IS WHAT IT MEANSThis is an exact quote, those are the words of the man who wrote most of the 14th Amendment - Lyman Trumbull. The United States never intended to allow dual citizenship either and it is clear that you must be born on US soil  of TWO US citizens to be ‘natural born’ and cannot have ALLEGIANCE to Canada.

  • Cruz’s mother on the Canadian voter list

    The UnConstitutionality of Citizenship by Birth to Non-Americans

    US Citizenship is not ‘automatic’.

    Donald Trump may have the best standing to bring a lawsuit against Rafael Edward Cruz.

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