Shouldn’t Superman face deportation, and why didn’t the Birthers go after George Washington?!

No matter if you came here illegally or your parents sent you here illegally. Illegal is Illegal?
-Victor Huyke Facebook 9-2-2013

Victor Huyke, the publisher of El Conquistador, is a man who likes to think outside the box on many issues including immigration. He raised an interesting question which surprisingly enough, Google it if you don’t believe me, has been the subject of many articles. The question is this: Is Superman an illegal alien, and should he be deported?

We all know the origin story of Superman aka Clark Kent aka Kal El. He was sent to Earth as an infant from his native planet, Krypton, by his biological parents prior to its destruction. He was found by the childless couple, Jonathan and Martha Kent, and raised as their own child under a false, human identity. He eventually moved to Metropolis and became a reporter on the Daily Planet and worked to save humanity in his alter ego, Superman.

In that last paragraph, there are multiple violations of immigration law.

So, yes, he is an illegal immigrant. However, as in all good stories, there is a twist which saves the day for the Man of Steel. In 1996, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”), Pub. L. No. 104–208, 110 Stat. 3009, 3009–546 as codified under 8 United States Code Section 1229b(d)(1). The law gives the US Attorney General the ability to cancel the removal and adjust the status of certain non-permanent residents(i.e. illegal immigrants). The Man of Steel who in is identity as Clark Kent is married to a US citizen, Lois Lane, qualifies for this adjustment of status.

However, his renunciation of his US citizenship in April 2011 does raise new issues…for another article.

Victor Huyke also raised another special question: Why did the Birthers(there must have been some back at the beginning of our current government) not attack the legitimacy of the election of George Washington and the next 8 men that followed him in the Presidency?

The US Constitution lists the qualifications for the Presidency in Article II, Section 1, paragraph 5 of the document. It states, “No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.”

The first nine Presidents and Zachary Taylor, the 13th President, were born on the North American continent when the original states were British colonies making them British citizens. John Tyler, the 10th President, was the first one born after the creation of the United States of America under our Constitution. The answer is, of course, the phrase in the paragraph, “ a Citizen of the United States, at the time of the Adoption of this Constitution”. The Constitution allows that anyone a resident of the new nation at the time of the ratification of the document in 1787 became a de jure(as a matter of law) if not a de facto natural born citizen and eligible to be president.

Gentle reader, I hope you enjoyed reading this article as much as I enjoyed writing it.


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